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Full text of "The treachery and disloyalty of Papists to their soverajgnes .."




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LTBRAEY 

OF THE 

heological Seminary, 

PRINCETON, N. J. 
aS€ > DiTision ! 






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COLLECTION OF PURITAN AND 
ENGLISH THEOLOGICAL LITERATURE 





LIBRARY OF THE THEOLOGICAL SEMINARY 
PRINCETON, NEW JERSEY 




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% 
TREACHERY 'and* DISLOYALTY 

O F 
TATISTS TO THEIR SO FE7?A ] GNES, 

DOCTRINE ANtV PRACTISE. ft 

V Together with v }£>. 

I The firft part of the S O V E ^A 1 G K B <P W E 7( § 

hMUJ*JM£3SQrS and ^I^qVOMES. | 

Wherein the Tr alteram , Jntimonarchicall T>Q&r\m S> TraHifes and 

Attempts ot Ptpi/is upon the Prr/i/^ Cr«w 5 Prw^/ w, of th«r W»i/^ H 

with the dangerous dclignes^tfefts, and conferences, of their prefent jib /.'/ ^ ind & 

acceflcto the ^<M%£~»**m by mcanes of evlUCamfillmrJ, are briefely difcove- H 

red, related 5 The J^/fl^/Wr, Privlkdga, claimed, cxercifed by our P^/Z, p, r // r- S 

. iii^Pn:^ tboicnow chimed M 

» by the Lords and Commms in this prefent Parliament ; which arc manifeircd to be 3* 

farrfir.orcloval|,aur.!»II,inodcrarc ; more confident with, fcfle invafive on, and dedroftiTC tJthe •£*• 

pretended Sovereign* iW/ and Trtro&thi of the tfw&dien rhoft of former ages, And the f£ 

high Court of Parliament proved by prcgnanr Rcafons. and Amhorirjcs, To!- tht moR *!? 

S$ve> <tg*e Fmtr of all other, in rh.s Kingdomc, m fatrM rcfcfo ; AnJ-fni ft? 

r« rfe K//i^ brnfr^E : >r*o w nor d«, w , but fubjcVt to tie L grns To- f» 

gcthcrwirhapunfluall Anftrcuo rhe chicfc Calmimtaf, mi S 

grandtft Gb jeflion*, oiRcjal/ilis, Vapiftj, Maiignanu, :??£ 

Delinquents, again!* rhe Par foments Power. ~ /> S« 

*nd9T6ctcdtn&i with other Particulars „ £ S 

worthy Obfcrvarion. *? *-***> yfe 






T/pu feW &£to* Enlarged.* '~/%? |j| 

^William Punk *>Utter-B*rre(lertf Lincoln cs bine. '/ : * S 

raw*, SsSffir '"•"'''•'"' 

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Itisthisfecondday of J%, i6 +3 Ordered by the Committee of the Houfer, 

in Panument tor Pnnting.tbat this Booke.Intituled, J he Trea L ,, ,„d A ft 

Sot " *«*"*">*« Wlth 'lie Additions, be tt-prinftsd by" A/jc&k/ V i ,, «g 

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jg Printed at London for Michael $p*rke, Senior. \e*- 



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To the Reader. 

HE importunity of Come Members of Parliament, bath indu- 
ced me to enlarge thejirft Part of this Difcourfc, with fundry per- 
tinent Additions, andto Re-print it in a greater Character, 
then before 3 yet diflinftfrom the full } owing part, for tlx eafe, the be- 
nefit both of Stationer and Buyer. When I firft entred upon this 
neceffary publike Theame, my Primitive Intention wa<, to 
haze Colletledtbe chiefe Heads, Reafons, Authorities of this 
and the enfuing Members, into me compendious Sutnmulaiy 
andfotopublifhthem all together in an intire Briefe : But after- 
wards confidering the extraordinary weight and confequence of that Grand 
common Caufe, both of Parliament and Kingdome,»^ic/? I was to plead • the No- 
velty W Rarity of the Subject matter • the extraordinary Prejudice of the ignorant 
long-deluded world again fl it h the Potency , Policy, Multitude of/earned Advocates 
(<* well Divines at Lawyers) of the oppofite Royall,*?^ Malignant party; the 
infuftkiency ^Wunfatisfafrorinefle of all late Printed Pleas for the Parliaments In- 
terebfbrougb defect of pun&uall Precedents, and Authorities to bacJ^e their rationall 
Difcourfes; andthata Summary flight debate of f/j^/e important publicke differen- 
ces, would give but fmall iatisfa&ion to the Adveriary, and rather prejudice than ad- 
vance the Parliaments, Kingdomes Native Rights and Priviledges : I did thereupon 
enlarge my Meditations, my Collections, fo farre forth, as rtraites of Time, witbo- 
ther avocatingImployments,n?<?///^/>erjwif, feconding all my Arguments, fortify )ing all 
my Reafons, with fu;b Domeftkke, Foraine Precedents, and Authorities of all forts 
as well Divine, ** Humane, Politically Hiitoricall, ^ LegalJ ; as through Gods concur- 
rence with, <WblefTing on my impotent endevours^m^; effetluaUy convince the obflinate 
wils, abundantly fatisfie/6e moft fedxeed, prejudicated judgement, finally rtfolve the 
moft fcrupulous Conferences, and eternally iilence the ignorant, the moft malicious 
Tongues WPennes efaU Royallifts, &c. Anti-parliamentary Malignants,n»/^ are 
not wilfully wedded ftf/^c/rlong-efpoufed Errors . or more enamored with fordid Court 
flattery /cJrprr^/t'felfe-ends, tlien fair eft ( though hated, ungainfull)verity 3 which 
aimer at nothing but the Publicly good. 

Formypartj I ferioufly proteft before the great Judge of Heaven and I.arth,that 
J have herein wittingly maintained nothing at all, but what my judgement and Confcience 
both (by a (fed with no linirter ends, no private refpe&s, ayming at nought elfe but the Glo- 
ry of God, the fettled weale, and Tranquillity, of onr diitra&ed, bleeding, dying 
Church, and State, the oncly Motives, engagitigme in this Service) in for me me, to be a 
Well-grounded, ancient, pregnant, (though lately over-cUuded, undifeovered,?:egUclcd 
muely-oppugr.etT) Truth: and albeit moft particulars therein debated, have for man yeares 
hitherto betnedepofed (that I fay not ftigmatized) for feditious, dangerous Antimo- 
narchicall Paradoses, if not worfejay tbegcnerall Torrent of Court- Pa rafites,Lawyers, 

A 2 , aU 



v • 

„" „ . ■ - i — iiili n ■ ■ ■ u i n i n il 

To the Reader. 






Religion, Nature, Law, Policy, the virion* Precedents, W Authorities of firmer ages, 
and throughly digeftcd without prejudice or partiality ; they will appears, yea, pine firth m 
moft necerfcy,profitable,loyall,Statc-fecuring, Peacc-proctiring verities;jw, or theve- 
ry Nerves andfmewesto unite ; the Pillars ^fupport; the Buhvarkes to protect both 
Church and,St2te,againft all invaftons^of here lie , or tyranny ; and to keepe all the Potcm 
Members of them within their Legall bounds. Pcrttfe it therefore with an upright heai 
a dif-ingaged Judgement, an unbiafled affeftion ; and wh nth >ou haft thus done, 
nought but naked Truth refolve thy Confcience,^ regulate all thy future Attior 
fervices both towards thy God, King, Country ,in fitch fort 5 That * glory may dwell . 
*Pf ] 8< 8 o olu ' laud; that mercy and truth may meet together- righteoufneffe and peace ma 
IO ' kiflc each other, once more in our Nation ; and God may now at laft fpeake peace unto hil 

people and to his Saints: So Truth {hall fpringout or the Eaith,and RighteoufnelTc 
fliaH looke downefrom Heaven: Yea, the Lord (hall give that which is good ; and 
our Land fhalyeeld her increafc; Righteoufhefle dull goe before him, and {hall 
fet us in the way of his fteps. * And the worke of Righteoufneffe (hall be Peace; and 
*If a -, ll7 18 the eifed of righteoufneffe, quictneffeand aflurance for ever. And we Qbe'wgGod. 
peopk)(h,\U dwell in a peaceable habitation,and infure dwellings,and in quiet reflinj 
places; Tea, we *fhall beate our fwords into Plow-mares, and ourSpeares int< 
* Micah 4.354- Pruning-hookes ; Nation fhall not lift up fivord againft Nation, neither fhall the 
Ifayz.-tjocl?- learncwarre any more; But wee thall fit every man under his Vine and under hi 
Figge-tree, and none fhall make us afraid 5 The ejfecling,thereftoring of which fwec 
bleftcd Harmony of Peace and quiet ?iejfe throughout our kingdome,hitbbcene one principal! en 
■of this my Labour, which tal^es away the pretended caujfes, the nouriffiing fewell of or, 
^n>/e«* unnatural! contentions, and deltru&ive bloody warres. 

Enter tabic it therefore, with that Candidmjfe and Ingenuity, at becomes tlpe cordialleft Et 
devours, of a real! unmercenary Philo-pater,»7;<9 hath freely done andfujfered many thirty 
and Ufti 'I pre ft to doe andfujfer all things, fir hU deareft Countries fervice, in an honour ah 
lawfullChriftian way • though he receive no other Guerdon, than the lojfc of all his earthy I 
comforts, and anew addition to his former fufferings. That fifing of Symmachus hathbeen \ 
encouragement enough to met * Saluti public* dicata induftria crefcit Merito, cum caret 
*ApudAmbroC ^ v % m ' l ° 5 which 1 wijh were more con 'fi dered and better pratfifed by fame degenerous Merce- 
Epift'iz.Ep.i. mry fpir it sin thefe fad times • who receive great wages, and doe little worl^c • rcfuftne; to 
Tom,l.p.97. ftirrc cither hand or foote upon any advantage, or neccftarj occafon to prefirve their Native 
Country from defolation,beforeihey have purfed up their undemeritcd pay ; and yet even then 
perchance ft t fill : It is a bafenejfe not onelyfarre below * Chriftianity, but Humanity it fife, 
* Jer.45-5- fir men (efpecialty thofe of publicity place and abilities*) to preferre their owne private endr y 
before the publicke fafety ; their particular gain 3 before the commonweale, when the whole king- 
dome lycth at ftake. But I hope Heroicke Englifh Spirits, will learne more ga:crous refolttticns 
and AElivity in times of fitch extremity ; and that thofe whom it moft conccrnet ',will take timely 
notice, That fordid Mercenaries are the greatcft, falfeft Cowards 5 Cirri ft himfelfe refolv'mg 
what poor e^wh at ill fervice they will do in dayes 0/^4//, Jo h. 1 0.1 2, 13. He that is an Hire- 
ling, fceth the Wolfe comming-and leavcth the Sheepe, and F L FE T H ; and the 
Wolfe catcheth them and fcattereth the Sheepe. The hireling fxeth, becaufe he is 
an hireling, and careth not for the Sheepe. He loves oncly.his Wages,?™/ his Charge, 
his Duty ; God difcover and amend allfuch, or tlfe jpecdily difcard ihem ; Thatfo all aymin^ 
onely atthepubliquegood andl ranquility . we may eft-foor.e procure^ enjoy the fame to our 
greateft conflation. 

Farewell 




The Trcacberj and T)ifloyaity otTapiJls to their SoT>e~ 

raigncs, both in Doftrine and TraElife. 




,Hen I (criotifly confider the memorable Preamble 0f3.Jac.cb. 4. That 
it H /p//**/ &| d^i/y txperienoe, that many of bis Maf flies Subje&s who 
adhere in their hearts to the Popifli Religion, by tlx infe&ion drawne from 
thence, and by the wicked and diveUiflo counfell of Jefitites, Seminaries , and 
other perfms dangerous to the Church and State, are fo far re perverted in 
the point of tbeir hy. dries and due obedience unto the Kings LMajefly, and 
the Crowne of England, at they are ready to entertaine and execute any Treasonable Confpira- 
vidP rati ices, as evidently appe ares by that more then barbarous and horrible attempt to 
jebhwnettp with Gunpowder, the Ki?ig,Qvee?ie, Prince, Lords and Commons in the 
Houfe of Parliament ajfembled, tending to the utter fuhverfion of the whole State, lately un- 
dertaken by the hifiigation of Jefuites and Seminaries, and in adva?icement of their Religion 
by their Scboll or st aught and inftrufted by them for that purpofe. With the Statutes of 
3 5 . Eliz. ch. 2 . and 3 . Jacob, ch. 5. which Enaft : That ail Popifr Reaifants fljall be re- 
framed to fame certain; places of abode, and confined to their private houfes in the Country, 
and not at any time after to pajfe or remove above five miles from thence, under paint of for- 
feit i?:g. ill their hands, Goods, d7id Chattels % dur'vig life. That nont of them pall rentable 
within toi miles of the City of London, nor come into the Court or houfe where his Mayfly, 
or Htirt apparent to theCrowne of England pall be ; nor have in their owne houfes, or in 
the hinds or pojjejfionof any other at their difpofltion, any Armour, Gunpowder, or Munition^ 
what k^ndc fever-find all this, for the better difcovering and avoyding offuch Trayte- 
row, and moft dangerous Confpiracies,Treafons,PraUifts,and attempts, as are daily devi- 
fed, and prailifed aga'wfl our mfl gracious Soveraignes Perfon, and the Commonweale, by 
rebellious and tray terous Papifls. And when I read in * two of King James his Procla- 
mations : That thofi adhering to the profejjion of the Church of Rome, are blindly led ( to- 
gether with the fuperflition of their Religiori) both unto fome points of DuUrbie which* can- 
not confifl with the loyalty of Sub jcEi s towards their Prince, and oft limes unto diretl aliions 
of confpiracies, and conjurations aga'wfl tlje State wherein they live, as hath moft notoriously 
appeared by the late mofi horrible and almofl incredible coiqu ration (grounded upon points of 
L> oftrincintbat Church held and mantaincd, and contrived, and pratli fed with the privi- 
ty and xvar rant of many of the principal Yriefls of that profcffioii) to blow up our children 
and all the three States in Parliament ajfembled. And when we confider the courfl and claime 
of the Sea of Rome, we have no reafonto imagine, that Princes of cur sxeH^iun and profef- 
fioncancxpeU, any affurance long to continue, nnlefje it might be ajjented by the mediation 
of other Princes Chrlfiian, that fome good courfi might be taken (Jy a general] CounccU, free, 
and lawfully calltd) to pluckeup thofe rootes of dangers and jealoufies which arife for caufe 
of Religion^ as well bctweene Princes and Princes, as betweene them and their SubjcUs^ and 

A n 



* Dared. Jam. 
IO.1606. and 

*Norc thi;. 



u 



J be Treachery and Dtflcyalty of 



(VjWhocon- 
i'eifeth & Jufti- 
fierh ir, in his 
Speech inSrar- 
chamber, June 

(7>)Seethe 

Parliaments 
Jate Declarati- 
on. 



(c) See King 
Jamcj his A- 
poiogy againft 
Belfarmir^Lau- 
retitiw Byer- 
UnkjOpw Ct.ro. 
p. 319. Dew & 
Rtx.TlytLoid 
William Ho- 
wards Sonne s 
la r eBooke in 
Defence of Pa- 
pirts raking the 
Oarhot Alle- 
giance. 
* 3 Jac, C-4. 



to make it manifep, that no State or Potentate, either doth or can challenge power to difpofe 
of earthlj Kingdomes, or Monarchies ^ or to difpence with Subje&s obedience to their natu- 
rail S.ovtraignes ; (Which was never yet attempted;, much lefle effected.) And in the 
Bookeof Thanksgiving appointed for the firth of Novewbtr, (fit forth by King 
JameSy and the Parliaments fpeciall direction^ this obfervable Prayer (Tomewhat al- 
tered by the now (a) Arch-prelate of Canterbury in the latter Editions to pleafure his 
Friends the Pa pills) 1o that end prenghthen the hand of our gracious King, the Nobles 
and Magiprates of the Land, with Judgement atd jutfice, to cut offthefe workers of ini- 
quity ( the Papifts) whofe Religion is rebellion , whofe faith is fatlion^ wbofe praftife is 
murthering of Soules and bodies, and to roote them out of the confines of this Kingdome. I 
cannot but ftand amazed, yea utterly confounded in my felfe, at thelmpudency 
and Treachery of thofe pernicious Counfellors, who in affront of all thcie Lawes 
and premifes, have iffued out fundry (Z>) Commifiions, under his Majeities hand and 
feale, to divers notorious Papifts, not onely to furnifnthemfelves with all forts of 
Amies and Munition • but likewifeto meete together armed, and raife forces in the 
Field, to fight againft the Parliament, Kingdome, and Proteftant Religion, (even 
contrary to divers his Majefties late Printed Declarations, and Protepations, to all his 
loving Subjects) advanced them to places of great truft and command in his Ma- 
jefties feverall Armies ; & procured them free accefle unto,if not places of note about 
hisfacred perfon, as if they were his loyalleft Subje&s, his fureft guard (as many 
now boldly ftile them) and more to be confided in, then his beft and greateft Coun- 
cdl^ the Parliament ; whom they moft execrably revile, as Rebels, and Traytors, the 
more colourably to raife an Army of Papifts to cut their throats, and the thi oat of 
our Proteftant Religion firft (as they have already done in Ireland,) and then laft of 
all his Magpies, in cafe he refufe to become the Popes fworne vaiTall,or alter his Re- 
ligion, which he hath oft protefted (and we beleevej he will never doe. 

But 1 deiire thefe il coanfellorsofthe worftedition,to informe his Majefty^or any 
rational creature,how it isekher probable,or po(fible,that an army of papifts mould 
fecurehis roynll perfon, Crowne, Dignity, or protect the Proteftant Religion, the 
Parliament, or its'Priviledges, to all which they have dewed themfelves rroft pio- 
fefled enemies. We all know that Popiflh Recufants (c) obpinaiely refufe to take the 
Oath of Supremacy, or Allegiance (fome of them that tooke z/ 3 having beene excommunicated 
by their Frieps for a reward) The fumme of which Oath is, * That they doe truly an d 
pneerely acknowledge and prof effe ^ 1 hat theP opt hath no author hy to depofe the Ki??g, or 
to difpofe of any his Kingdomes, or to authorize any for aim Prince to invade his Coun- 
tries, or to difiharqe any hit Subjects from their Allegiance to his JUajefiy, or to licence 
any of them to beare amies, or raife tumults again U him, or to (ffer any violence or hurt to his 
royall Perfon, State, Government, Subjects. 'That notwithpanding any Declaration, Ex- 
communication, or deprivation made or granted by the Pope, or any Authority derived from 
him, againp thi King, his Heires, and Succeffors, or any abfolution from their obedience, they 
will beare faith and true allegiance to them, and them protetl to the uttermcp of their power 
againp all conspiracies and attempts what foever againp their Perfons, Crowne, and Dig- 
?iity, by reafon of any (itch fente'/ice or Declaration, or otherwife* And th.it they doe from 
their hearts, abhorre, detep, abjure as impious and heretic all, this damnable DoUr'me and po- 
fithm: (profefliedly maintained by Englifh Papifts, elfe why fhould the Parliament 
prefcribe, and they abiblutcly refufe to take this Oath 1) that Princes excommunicated 



01 



Papifts to their SoVcraignes. 



7\ 



or deprived by tk Ftf/v 3 ma) k depnfedor murdered by their Subject 7, or a>.y nhtr n/>. 
ever. WiJJ too c then who refufe to take this Oath, or abjure this Krng-depofing 
King-killing Popiil Doctine- harbouring a S eminary Friejl in thctrTeafcj and a 
#tytr in theirtafrt/, prove a faith lull guard to his Majeities Perfon, Crowne, King- 
domes? WiJI thole wbo to oft con f pi red the death, and attempted the nairthcisof 
Queene Eli* tbetb, and King fames, oncly becauf: they were PfOteftatltS, and Dejcn- 
derj of the Proteftanl Faith, now cordially protect and aiTiii King Char Us, without at- 
temptingany thing again. t his Crowne or Perfon, who hath lately made andpeb- 
lilhed io iUdnJIrottji.it! ?.•/, and Declarations^ that be will never imbrace 9 nor coimtenvic* 
Popery, but mofl rtfoltttelj Vejend,and Advan.c the P rote f ant Religion j and makes this 
one principal! motivc(hoW tiucly.hetaketh Heaven and Earth to wandfc) of his 
prefent taking up or Amies/ VV ill they (thinke you) ipend their lives for King 
and Parliament, who but few yearesfince loft their lives for attempting byatraine 
of Gunpowder to blow up both King and Parliament ? \V ill thoie fecu. e his Maje- 
fty in his Throne, now he is actually King of E?iglanc, who would have murthcrcd 
him in his Cradle, ere he wa^ P.ince^ to foreitall him of the Crowne of England} 
Can thofe prove really royall to his Majelty and his Royall Poftcrity, who would 
have blownc up him and all his Royall Houfe at once, even long before he had po- 
fterity? In a word (if ancient prelidents will not convince us) are thofe who for 
(cf) two yeares laft pafi or more, have beene labouring with might and maine to mi- 
cro wne his Majelty, and utterly extirpate the Proteftant Religion by horrid confpi- (d) Sec - 1 
racies md force of Armes, in Inland, and are now there acting the lair Scene of this /**' ,11S Book 
molt barbarous bloudy Tragedy ; likely to fpend their deareit bloud in fighting for ^^ xairinau 
the preservation of his Majeities Crowne and the Protectant caufc in England , if 
this onely be the reall quarrell, as is fpecioufly pretended ? Or will any of that Re- 
ligion, who within thefe three yeares, have by force of Armes, both in Catalonia^ 
Portngall, and el few here, revolted from, and caft off their allegiance to their owne 
moltCatholicke King, to fet up others of the fame Religion in his Tribunall for 
their greater advantage ; put to their helping hands to citablifh his Majelty (the 
molt Pi oteibnt King) in his regall Throne,admit it were really, not fi&itioufiy in- 
dangered to befhaken by the Parliament>Certainly 5 ifthe ground of this unnatural 
wane be fuch as thefe ill Councilors pretend, they would never be To farre befbtted 
as to make choyce of fuch unfitting Champions as Papitts, for fuch a dciigne , ivho 
are very well knownc to be the greater! enemies and maligna nts of all others, both 
to King, Kingdome, Religion, Parliament, whoC joynt dcltructions (what ever 
thefe ill Counfellors pretend) is queftionlefle the onely thing really intended by the 
Popifh party in this warre,as the proceedings in Ire!and,t\kc introducing of foraine, 
the railing of domcltick Popifh Forces, thedifarming of Proteftants, and Arming 
Papilts with their Harnefle, clearely demonitrate to all whom prejudice hath not 
blinded. 

Now that I may evidence to thefe pernicious Counfcl!ors,and all the world,ho\v 
dangerous, how unfafe it is to his Majefty, to the Kingdome, to put Armes into 
Papilts hands, and make ufc of them to protect the Kings perfon, or Crowne; I 
mall detire them to take notice both of the Papitts traicerous Doctrine, and Practice, 
in thefe three particulars they maintaine. 

Firitj That the Pope by a metre divine right, is the fole and fttpreme Alunarch of the 

A 2 K>[)*k 



The Treachery and Pijloyaltyof 



-^ 



(0 Dedicated 
to K ingjames, 
primed at Lcn- 
4{cnl6zi. 



(e) Dedicated 

to King James, 
and printed at 
London 1624. 



(f)InhUSer- 
mon there, 

P.4$*44- 



whole worlds and all the Kingdomes in itjo difpofe of them at his pleafureja whom and when 
he will, without givi?ig any account oj his attions. 1 hat all Emperours and Kings are but 
bisvaftalS) deriving^and holding their Crownes from him by bafe unworthy fervices, w rfe 
then villenagejb at they cal^and repute them their Topes vaftah) cttrS) packg-ajfes rvitbTseh 
about their neckes, and uje them like fuchjf they offend the Tope. For full proofe whereof 
out of their own Authours and pra&ife,I ("hall refer them to Dodcor(e > )Ri:hardCrack- 
enthorps Booke, Of the Topes temporall Monarchy ,chap. 1. p. 1. to 27. worthy any mans 
reading, to John Bodins Common wealth , Lib. i.cap. 9. Bifhop Jewels view of a 
Seditious Bull,and Doctor John WbitesDetence of the way to the true Churcrr,chap. 
io.p.43. '_■"-. 

Secondly 5 That the Pope alone without a Councell, may lawfully excommunicate^ cen- 
Jure^ depofeboth Emperours ) Kings , a?id Trinces 5 anddifpofe of their Crownes and King- 
domes unto others • That it is meete and neceftary he ftmdd excommunicate and deprive all 
Kings ^ who are either Heretickes or Apoftates (jis they repute all protejlant Princes') or op- 
prefjors of the Common-wealth : That as foone as fkch Trinces are aUually excommunicated) 
or notorioufly kpowne to be Heretickes or Apoflates ) their Subjeffs are ipfo facto abfolved 
from their gwernmeut) and Oathes of Allegiance whereby they were bound unto them • and 
may , yea ought to tal^e up Armts agai?ift them to deprive them of their Kingdomes. 

'Thirdly)T bat fu:h hereticall)tyrannicall)0pprejjh7g Kings may be lulled) poyfoned)Ot 
flaine bj open force of ArmeS) not onejy lawfully) but with glory and commendations . 
That this is to be executed by Catholiker ; and that it is not o'nely an heroicall) but merito- 
rious afi^ worthy the higheft Encomiums; and a Saint- fhip in the Roman Ca- 
lender. 

Thefetwolaft proportions you may read abundantly proved by the words of 
Popifh writers, and forty examples offeverall Emperours, Kings and Princes,which 
Popes and Paprits'bave excommunicated) deprived, violently aflaulted and murthe- 
red,jn (e } Do^or John Whites defence of the way to the true Church, chap. 6, 
pag. 14. to 22. and chap. 10.^.43.44. in his Sermon at Pauls Crofle, March 24. 
1 61 5. pag. 11. 12. in B.pop Jewels view of a feditious Bull , in Bijbop Bilfons true 
difference of Chriilian Subjection, and unchriftian rebellion, part. 3. throughout? 
Aphjrifmi T>o6irin<e Jefuitarum : King James his Apology againil Bellar mine ^xvith his 
Anfwer to Cardina II Terron 3 andfundry printed Sermons ? preached on the fifth of No- 
vember £0 which I (hall referre the Reader. What fecurky or protection then of his 
Macules royall perfon,Crowne r Kingdomes, can now be expected from our popifh 
R ecu (ants, ^infected withtheie trayterous principles, and branded with fo many 
ancient, moderne, nay prefent Treafbns a d Rebellions againit their Soveraignes) 
let the world and all wife men (etioufly judge; What faire quarter and brotherly 
aiTirhmce the Parliament, Proteilants, Proteftant Religion, Lawes and Liberties of 
the Subject are like to receive from this popifh Army, the late Gunpowder Treafin y the 
Spanifb Armado) the Englifh and French booke of Martyrs ) the preient proceedings in 
Ireland) Torkepire^ and elfcwhere, will refolve without difpute : And what peace and 
fafety the Kingdome may expect in Church or State, whiles Popery and Papifts have 
any armed poiver or being among us, (f) Doctor John White hath long finre pro- 
claimed at Pauls Crofle (and now we feele it by experience) in thefc words ; Tapiftry 
cm ft and neither with peace nor piety • the State therefore that would have theCe things^ 
hath juft caufe to fuppreffe it. Touching our peace^ it hath not beene violated in our State 

thefc 



tPapifts to their SoVeraigms. 



theft many ye xrti but by them^ nor fa. v tn my Ch ifii m Si u , find Ch tries the Grc.n his 
time, but tl\ Po} e and bit miniftei ! a b md in it. 

All theft ill ad vifcrsf Co colour ihtirclofe (g^defignttfnHfiablifiHu Ftyety, prbf ( ! /'.'...- 
cipally • h/ti nded) can afleadge tor arming Papilla agatnft Law, is* That the Parlla- J ' 
nicnt hath trayteroufly invaded the Kings Prerogatives in a high degree • claimed a ' 
power and jurifdic~tion above his Majeity in (unary partkulai s * yea, tifurped to its C ' : 
felfe a more exorbitant, unlimited, arbitrary authority in making Lawes, impo- 
fing taxes, &c. then any Parliaments challenged in former ages ; to repreue which 
inu>lences,and reduce the Parliament to its due limits, his Majefty is now neceffita- 
ted toraifean Army, and pray inaydeof Papiits, who in former ages havebcene 
more moderate in their Parliaments, and are like to prove molt cordiall and loyall 
to his Majefty in this lervice. 

To anlwcr which pretence more fully ^though it be for the maine,moft palpably Obhtl. 2. 
falfe, yet(by way of admifliononclyj I (hall fuppofe ittrue 3 and with all puiTibie 
brevity manifeit • That Parliaments, Prelates, Peeres, Commons in times of Pope- 
ry, have both claimed and exerciled farrc greater authority over our Kings and 
their Prerogatives, then this or an^ other Proteitant Parliament hath done : Where- 
fore Papiits of all others, haveleait catife to taxethe Parliaments proceedings , and 
thole ill Councilors and his Majefty fmall reafonto imploy or truft Papiits in this 
fervice. Todefccnito fome particular heads of complaint, involved in this ge- A.fw. 
nerall. ^ (h'ru oWcr- 

Firft,it is objected, that the Parliament and fome of \ts(b) Advocates, with its varions,afuicr 
approbation, affirme; that the Parliament being the refrejentafive Body of the whole anfwer ro Dr - 
Kingdonte, is in (owe refpetts of greater power and authority then the King, who though rhers 'iheRc- 
bt be lingulis major,jv* be ;V, univcrfis minor 5 which is contrary to the Oath of Suprt- ironftrancc of 
* 'OS f wherein every Subject, * dnth utterly teftifie a?id declare in bis confeien-r, that the the Lords and 
Kings highnejfe is THE ONELY SUPREAME GOVERNOLIR ^Commons, 
this Realme, &c. as well in all Splrituall or Ecclefiaflicall caHJes, as Temporal! :) and a *?|r/ :2 7 
kindc of unkinginz his Majefty, no wayes to be indured. Arifo " 

To which I anfwei , ririt, that if this Du&rine be either Traitorous or HercticaU (i) Rex babe t 
thePapifts were the ririt broach ers of it long agoe; For Hen. de Bra&ona famous ^P^riorem^Vf 
Englifh Lawyer, who writ in King Henry the third his reinne 3 lib. 2. cap. 16 f.Zd. a um ->& c - ltem le- 
refol ves thus, (J) But the King bath a S 1 1 P E R I O LI R > to wit God : Alfo the Law f 2 V\ V" 
by which be x made a King , fkewife HIS COURT;- namely, the E A R L E S item cl^n' 
AND BAPiONS; becanfe they are called Comitcs , as being THE KING Sf™ : i'>. Cc 
F E l. L O W E S (or companion.*:) md be who bath a fellow (or ajjbeiau) hath a M A- Wltes - & Bare- 
STER: and therefore if die King (halt be without a bridle, that is, without Law mt *V** Ccmi- 

THEY OUGHT TO IMPOSE A BRIDLE ON HIM, unkffl %/fiSL 

ibtjthemfelves with the King jball be without bridle-^ and then the Sub jell paU cry out &i &<pd ha- 

and fay, L rd Jefus C mfi doe thou b'mde their jawes with bit and br'ul'e, &c. A cleare b:t f u:um bobet 

resolution, Thatthe Law, with theEarlesand Barons a (Ten; bled in Parliament, are ™ € ff *£*'* Et 

above the King, and ought to bridle him when he exoi bitates from the Law : w hich he \ , \!f; 

alfo feconds in fome fort, lib. 3. cap. 9. f. 107. This Doctrine was fo authcnticke in fine lege^ BE* 

j thofe dayes,and after times, that in the great CounceU of Bafil. Anno 143 1. when this B E N T E I 

' mighty queitton was debated; JPt Fbpi were abtnje a gcnerall CounceU , or a *i£j^ nVU 

\ CounceU above him I fuch a CounceU was at laft relolved to be above the Pope, upon fa. m£ *E> 

^ 3 this 



The Treachery and x Diflpr 




this reafon, among others ( kj) The Pope is in the U , ^s&ng is in his Kingdome, 
(kf FcxAtts& an £ £ or a fci n g t0 y c 9 f m)n authority then hit Kingdome, LSwere too abfurd ; Ergo, A r ei- 
Vl\ ft- 4 ' ther on^bt the Pope to be above th Church. In every well ordered Kingdome, it ought fpecially 
tibo.AZneas ' to be dc fired, that the whole ReaUne fhould be oj more authority then the King • which if it 
Sylvius dege* happened contrary ,were not to be called a Kingdome, but a Tyranny. And like as oftentimes 
fits rond/n Ba- Kings, which doe wickedly govern* the Common-wealth and expreffe cruelty, are deprived of 
fi tier.fi s>&Sh- t ^ r Ki?igdomes ; even fo it is not to be doubted but that the Bifiop of Pujme may be de- 
4 ' fofed by the Church, that is to fay, by the general! Councell.At tbt beginning (as * Cicero in 

* Lib. i, bit Offices faith') it is certaine there was a time when as the pzople lived without Kings. But 

afterwards when Lands andPoJJeJJions beganne to be divided according to the cufiome of eve- 
ry Nation, then were Kings ordained for no other caufes but onely to executt juftice : far 
when at the beginning the common people were oppreffed by rich and mighty men, they ranne 
by and by to fome good and vertuous man, which fhould defend the po ore from injury , and 
ordaiue Lawes, whereby the rich and poore might dwe I together, But when as yet under the 
rule of Kings, the poore were oftentimes oppreffed, Lawes were ordained and inftituted y 
the which fjould judge, neither for hatred nor favour t a?id give like e ire unto the poore 
as rich: whereby we under ft and and know, not only the people, but aljo the King to be fubjH 
to the L.i:v.For if we do fee a King to contemne anddefpije the Lawes, violently rob and fpoile 
bis Subjects, deflower Virgins, dijboneft Matrons, and doe al ' things li -emioufly and temera- 
rioufty, doe not the Nobles of the Kingdome afjemb'e together, depofing him from his King- 
dome, fet up another in his place, which (ball fweare to rule and gpvane uprightly, and 
be obedient unto the Lawes 1 Verily as reafon doth perfwade, evtn jo doth the life thereof 
alfo teach w : It feemeth alfo agreeable unto reafon 9 that the fame fwuld be done in the 
Church, that is, in the Counce % which is done in any Kingdome. And fo is this fujfciently 
apparent, that the Pope is fubje& unto the Counc ell ; Thus the Bimop of Bwgen, Am- 
ban r adour of Spaine, the Abbot of Scotland, and Thomas de CorcellU, a famous Divine, 
. reafoned in this Councell, which voted with them. Here we have a full refolution 

al.tom 4.VX. °C this great Councell (which the Papifts call a generall one, being (I s ) approved by 
&c And^E'if.tt the Gretke and Komane simper ours, and moft Chrifian Kings, and States, and ours among 
S)lviw hift. others". ) That the Kingdome in Parliament Affembled, is above the King, as a Generall 
Condi. Bafili- Councell vs paramount the Pope : which they manifeft by five reafons. 
en * s ' Firft, becaufe Kings were firft created and initituted by their Kingdomes and 

people ; not their Kingdomes and people by them. 

Secondly, becaufe they were ordained onely for their Kingdomes and peoples 
(ervice and welfare^ not their Kingdomes and people for them. 

Thirdly, becaufe their Kingdomes and people, as they at firft created, Co they 
ftill limit and confine their royall Jurifdi&ion by La ws 3 to which they arc and ought 
to be fubject. 

Fourthly, becaufe they oblige them by a folemne Oath, to rule according, and 
to be obedient unto the Lawes. 

Fifthly, becaufe they have power to depofe them in cafe 'they contemne the 
Lawes, and violently rob and fpcyle their Subjects. 

This then being the Do&rine of Papiits concerning the Power and Superiority 
of Parliaments^PeereSjand Kingdomes over their Kings, they have leaft ground of 
all others, to taxe this Parliament or its Advocates, as guilty ofTreafon, and ufur- 
pation upon the.Crowne, for a more moderate clainiethen this amounts to, and 

the 



3Lj 

Tapifls to tbur Styeraignes. 






thcKingorhis ill Counfell no cround to expect more moderation and loyalty 
from Popifh then Proteltant Parliaments. 

Secondly, I anfwer, that Popifh Parliaments, Pceres, and Prelates have hereto- 
fore challenged <\nd excrcifed a greater Jurifciiction over their Kings, then this Par- 
liament, or any other, llncetheembracing of the Protectant Religion, ever claimed- 
and doe in a great meafure difclaime. 

For,fnltofall, they have challenged and executed a juft and legall power fas 
they deemed it) to depofe their Kings , for not governing according to I, aw - y for 
followingand protecting evill CounfellourSj and Officers ; opprefling theii Sub- 
jects, and making wane againlt them. This is evident, not onely by the fore- men- 
tioned palTages of the Councell of B iftl, with infinite prelidents in foraine Empires 
and Kingdomes, which I pretermit, but by fundry domefticke examples of which 
I lhall give you a fhort touch, (w) AnnoVum. 454. King Vortigern , when he had 
reigned fixe yeares fpace, for his negligence and evill Government (for which Vodim (m) Spe-hiflt* 
Arch-birtiopof L'Wjwtold him, he bid endangered both bis Soulea?id Crowne) was 107,266,267. 
depofed from his Crowne by his Subjects (the Britaines) general! confent, imprifo- M * uW *J s ^" c 
ned, and his Sonne V< Mrtimtr chofen and crowned King in his Head ; After whole Sccjimt. 
untimely death (being poyfoned by Kon-ena) Vmigtrn was againc rertored by them /. 1 ;-. 3 :o 
to the Crowne, andatlalt for his notorious fmnes, by the jutl revenging hand of /. *.*.!• V&K 
God, confumed to afhes by fire, kindled by Airtlivu, and Vter 9 as Heavens miniitcrs Vj£'^ *y ' 
to execute its wrath. Sigebert (n) King of the Weft- Saxons, letting a fide all Lawes sp'eedbiflj To 
and rules of true piety, wallowing in all fenfuall pleafures, and ufing exactions c.ii.&orhers. 
and cruelties upon his Subjects, and flaying the Earle Cumbra, his moft faithfull (uysptehifl.p. 
Counfellour, for admoniihing him lovingly of his vicious life: the Pecres and ^9^ u,: ^ n -& 
Commons thereupon feeing their Stateand lives in danger, and their Lawes thus 7S 6jcfo/<w: 
violated, aiTemb! d all together 5 and frovidu omnium deliver, itione, role up in Armes inhisiiic. 
aeainft him, depofed, and would acknowledge him no longer their Soveraigne, 
whereupon flying into the Woods, as his onely fareguard, and there wandring in 
the day like a forlorne perfon, and lodging in dens and caves by night,he was tlaine 
by Cumbra his Swin-herd, in revenge of his Ma iters death, and Kemvolfe made King ,. g 

in his Head, Anno Vom. 756. (o)Ofred King of 'Northumberland, for his ill govern- jJivJi Maa.' 
ment was expelled by his Subjects, and deprived of all Kingly Authority. -<4w/0 789. & Mat.Wrftjm. 
SoEtbclrcdj (the fonneof-zW/tf) his next fuccedbr, being revoked from exile and 7**See/fe0n. 
reftored to the Crowne, ot which he was formerly dcprived,thereupon murthering G**/*** ° hcr > 
diversof his Nobles and Subjects to fecure his Crowne, fofarre offended his Sub- 
jects thereby, that An, 794. they rote up in Amies againlt him, and flew him at ijijuttb.Weft. 
Cobre. Thus {n) An. 758. the people of the kingdome of Mercia riling up againft .4^.7 $S. p. 27? 
B&rnerd their Ki ng* bee tuft be governed the people not by )uft Ljivcs, bttt tyranny, ailem- 
bledall together, as well Nobles as ignoble ; and Ojfa, a moft valiant young man 
being theirCaptaine, they expelled him from the kingdome : which done, manor 
el he \mhsmninmco7ifenfn, by the unanimous confent of all, as well Clergy as People_>they 

Crowned Of a King. (0) Ceolwulfe King of Merci i,An. 820.after one yeares Rcjgne, ^J " 8 *£ 
was for his mifgovernment expulfed by his people, abandoning his Crowne and btfi t f.x\%. 
Country for the fafety of his life. (p ) Mar. Weft. 

- :- \ (f) ^ ^y n King oi Mtrcia and Northumberland, for his M (government) Tyranny, *"?■ ^M^ 1 
' wvtiw'effion, foUomugvai?ie,baft,rrickedCjiinfellors, rejecting the advife of the IViJeft Q l' n '° '' J ' 

and 



The Treachery and Dijlojaltyof 



(q)Fabian i pm 

Z. r 49.40.4*' 

p. 90. 3 1. with 
Matth. Weft'ti. 
Huntingdon , 
Folyrhronicon* 
Geoff ry Mom- 
moth, Hol\hfb 



and orhers in 
his life 



(r)Fabian,pavl 
2 - c ' 46. p. ? 4» 
Geojfry Mow- 
moth. Minting- 
d*n, Matthew 
Wefun. Toly- 
chrotiy Hollinjl). 
Grafton, Speed, 
in his life. 



and nobkft p er/o;3,was,by the unanimous confent of alibis Subject removed from all Kingly 
dignity^ and depofed-^ in whofe place Edgar was elected King, An. 957. D E O 
DICTANTE & aunuente popufo. Not to mention the llory of (q) ArchigaUo, 
one of our ancient Britijh Kings, in times ofPaganifme^ Who giving bimfelfe to all 
diffention andjirife^ imagining caufes againfl his Nobles , to put them from tbeir goods and 
dignities , fettingup ignob'e perfons in tbeir places , and plucking away by fenifter, wrong- 
full meanes from tbe rich their wealth and goods ', by which be enriched bimfelfe , and im- 
poverished bis Subjects ; was for tbefe bis conditions murmured againft by his Sub- 
jects ; tvbo of one affent laflly took& and deprived him of all Kingly honour and dignity^ 
when be had Reigned almofi fiveyeares, making his Brother Elidurus King of Britaine, 
Grafton-, speedy by one affent, in the yeare of the world,^ 1 5. Who after five yeares good Reigne, 
feigning himfelfe ficke,aflembled the Barons of the Land>and by his diicreetwords, 
and bearing loving carriage, Ferfwaded them to reflore Arcbigallo to hit former honour and 
regalty . and thereupon aflembiing a Gouncell of hisBritaines at Xor^e, caufed fucb 
meanes to be made to the Commons^ that in conclusion he religned his Crowne to Ar- 
cbigallo : Who being thus refiored to bis Crowne by joynt confent of the people^ remembredweli 
the evill life that before time he had led y and the punifhment bee bad fhjfered for the fame. 
Wherefore for efcbew'm^ the like danger , be changed alibis old conditions and became a 
good and righteous man^ m'miftring to tbe people equity a?zdjufticet and bare bimfelfe fi no- 
bly towards his Lords and Rulers, that he was beloved and dread of all bis Sub)eUs , and fa 
continued dur'mgtbeterme of his natur all life. Nor yet to remember (r) JEwtT/j72, ano- 
ther old Britifh King, who for mifordering of hit people was depofed by them, in the fixtb 
(f) Matth. Pa- yeare of hisreignc, and Ydwallo promoted to tbe Kingdome • who taught by Emerian 
ris,bift.Angl.p. fofr punifhment, behaved himfelfe juftly all the time of his reiqne : or any more fitch pre- 

164. tO 280. j'uri^ CL r 

Speed, p. 585. cedents before tne Conqueft. 

^cMolhnfhea'd We finde the(/) Yopifh Barons ^ ? relates > and Commms, difa vowing King Jobn 
Grafton, stow 9 whom they had formerly elected King; for making warre upon them, and waiting, 
Daniel, Wa I- burning and fpoyling the Kingdome like an Enemy, and electing Lewis of France 
for their King, to whom they did homage and fealty : There are none fo ignorant 
but know, that the Popifh Prelates, Lords and Commons in Parliament, (f) Anno 
1 327. depofed King Edward the fecond their natural! King, for his nongovernment, 
and following and protecting ill Counfellors, inforcing him by way of comple- 
ment to religne his Crowne, threatning el(e, that they would never endure him, nor 
any of his Children, as their Soveraigne, but difclaiming all homage and fealty, 
would elect fome other for King not of his bloud, whom themfelves mould think 
molt fit and able to defend the kingdome. After which they elected and crowned his 
fon Edward the third for their King. That Anno 1399. {11) King Richard the fecond^ 
for fundry mifdemeanours objected againil him in 32. Articles in Parliament, and 
breach of bis Coronation Oatb^was judicially depofed by a Popifh Parliamentary a de- 
finitive fentence of depofition given againft him, ivhich you may read at large inj 
our Hiitorians, and Henry the fourth elected and created King in his (lead : In both 
which depofition s the Popifh Prelates were chiefe actors, (x) Anno 1 462 . King Hen-\ 
rj the jixtb } Gjhceene Margaret and Frince Edward their Sonne were by a popifh Paris 
anient diiinherited of their right to the Crowne- and Edward the fourth made| 
King : after which King Henry was by another Parliament recrowned, and re-eftablij 
fried in his kingdome, and Edward the fourth declared a Tray tor and uftrper of th<i 

Crowne 



ftngham 
0)Walfingbam 9 
hi ft. Angl. p. 
39%.&c.FaH- 
tin, part. J*p- 
345. Mvch rca. 
Irtt. c. 9. Hoh 
Hnfljead, Graf- 
ton, & Speed, p. 
758 co 766. 
(w) Walftnghum 
H-LFab. Speed, 
p.62o.:o 697. 

(x) Speed, p. 
^69878. 879. 
Si 7 . H.!lwft\ 
Fe/ychronwon, 
Fabjan,Graftcn t 
Hall, Store, 
Caxion in iheir 
lives. 



Papi/ls to their SoVeraignes. 



Crown*. And not long after, Edmardtstklne^ Kv. nei ,andcauling him 

■ . red in the rower , an '* Anm 1472. abi >g ite I 

yes, and rc-eftat>li(hed Kin 
liaments, Prelates, i ords and Commons formerly done, and that rightly ana legal- 
ly, as they then fuppofed ; \\ hich fane tranfccrtUs the high eft ftraincs of pretended 
incroachments on his Majefties royalties by the prefent Parliament* 

ndly* our Popifti Parliaments, Pecrcs and Prelates have oft tranflated tlic 
>wn from the right heires 8c ictled it on others who had no lawful right or title 
to it, electing and acknowledging them for their onely-Soveraignc Lord?- in which 
aft ions the Popijb Prelates and Clergy were commonly the Ring-leaders : witnciTe 
their £y)elefting and crowning of Edward, who was illegitimate) and putting by 0) Speed p. 
Etbelred the right heire after Edgars deccafc, Am 075. Their ele&ing and Crowning 4I ° 4 1 Mif, 
CknutUi King, a mecrc forrainer, in oppolitionto Edmund the right heire to King 42 * ?° 4, !* 
EtbelreJyArmo 1016. Of Harold undHardil^nuie, both elected and crowned Kings 4^8 lig t</ 
(utecifively without title, Edmimdmd Alfred the right heires being difpo defied, and 4f6. 4 6$ >4 6-! 
the ratter imprifoned and tortured to death, Anno 1036. and 104.0. yet after Hardi- ?4 8 >)4M s°> 
tt/deceafe Edward (Turnamed the Confefifor) wascholen King by content of Par- *? a ' *9 l l 6x 
Uament. And the Englim Nobilitie, upon the death of King Harold, ena&cd, Tb tt rlr^uHtth 
none of the Vamp blond jheuld any mora reigne over them. After this Kings death, Ed- Weft.Malmsbt. 
garEtbelin^ who had belt title, was rejtftcd,and Harold cledted and crowned King: Hmt.Eadr.enH 
fo after William the Conquerors dccea.{e,An?io 1087. Robert the elder brother was Pdi**jV*tfingm 
pretermitted , and William Rufus the younger brother crowned and eilablilhed in the pffi \r ■[ 
Throne : After whofe death R?;ry the firit 3 his younger brother (though not next fag <> 
heire) wasclefted King by the Clergy, Nobles and Commons, {who rtfufed to admit Srew 9 Bm i 
of any King but with capitulations and cavtati to their oxvne lihati-g) upon faire promifes fir **fP#*rd>Mar- 
reform in/ bad and rigorous Lawes, remijfion of Taxes exacted on the Subjects, and pun i ft- o- ^^''''r a 

ft of tbe cbiefe caufers of tbem 9 and a fokmne Oaih to frame good Lawes, and ratijie \ n r j 
Saint Edwards L trees- all which he really performed. So after the death of Richard rail lives of 
the firfl, John Earleof Morton was elrablifhed and crowned King, and his Nephew tJlc fc King.. 
Arthur, the right heire, disinherited. And he dying, his fonne Henry the third was 
clefted and crowned, and Lewis fmade King in his fathers life by the Barons) remo- 
ved. The like we finde in the cafe ofK. Henry \. K. Edw. 4. and Richard the third, 
nudeKingsby A&s of Parliament, by our Popifh Prelates and Noble* wieh the 
Commons content, upon unlawfull or doubtfull Titles, by way of usurpation, 
and the right hereditaiy line put by. Such a tranfeendent power and jurifdicticn as 
this to dilinherit the right heire and transferre the Crowne to whom they thought 
meetelt, neither the prelent nor any other Protectant Parliaments, Peeres or Sub- 
jects ever exercifed, though Popilh Parliaments, Prelate?) Lords, and Commons 
hare thus frequently done it; of which you may reade more in 25 H. 8. c 22. 20 
H. 8.C.12. 28R8.C.7. 35R8.C.T. and other Afts hereafter cited. 

Thirdly, the Lords and Commons in times of Popery have fent out Writs and ^ y . T p . 
fummoncd Parliaments in the Kings name, and forced the King to call a Parliament fr/f p. 242. to 
without and againft his full confent. Thus Anno\2\\. (z) the Rarons petitioned 2%^Dtniel 9 p m 
King John to con&rmQ Magna Cb trt 1 and their Liberties tendered to him ; who ha- ^ 2 'Hj,Mf 
ving heard them read, in great indignation asked; Why the Baro??s did not likewife 
demand the K>?igdr f ?je~> and (wore, that he would new grant thofe Liberties whereby 

B bimfelfe 



I o ? be I reachery and Dt/toyalty of 



bimfelfe (Jjould be made a few ant : So harfh a thing is it (writes Daniel) to a power 
that bath once gotten out into the wide liberty of bis will, to beare againe of any reducing 
within bis circle : not confdering, bjw thofe who inherit Offices fucceed in the Obligation oj 
them, and that the moft certaine meanes to preferve unto a King bis hfngdome , if to 
pojjejje them with the fame conditions that he hath inherited them. The Barons hereup- 
on raife a great Army at Stamford, wherein were 2000. Knights beiides Efquires, 
conftituting Robert f "it zrW r alter their Generall, intituling him, the Marfball of the 
Army of Cjcdand holy Churchy feizeupon tin Kings Caflles : and the Londoners fending 
them a privie mefiage to joyne with them, and deliver up the City to be guided by their 
difcretion: thither they repaire, and art joyfully received under pa& of their indempnity. 
After which they fent Letters to the Earles, Barons, and Knights throughout England, who 
feemed^altbough fainedly) to adhere to the King, exhorting them with a comminution^ that 
as they loved the indemnity of their goods and poifelfions, they mould defert a 
perjured King, and that adhering faithfully to them, they fhould with them ftand 
immovably, and effe&ually contend for the Liberties and peace of the kingdome. 
which if they contemned to doe, they would with Armes and Banners dhplayed, 
march againft them as publike enemies, fubvert their Caftles, burne their houies,and 
edifices, and not ceafe to deftroy their Ponds, Parkes, and Orchards : Whereupon all 
the Lords, Knigbts, and people deferting the King, who had fcarce feven Knights in all 
left with him, confederated themfelves to the "Barons. Ihe King feeing bimfelfe generally 
fnrfaken, counterfeits the Seales of the Bifhops, and writes in their names to all Nations 5 
that the Englifh were all turned Apoitates , and whofbever would come to invade 
them, he,by the Popes confent,would conferreupon them al their lands and pofle£- 
(ions. But this devife working noeffett in regard of the little credit they gave to and con- 
fidence they bad in the King, the truth being know??e, all men detected fnch wickednefjes and 
forgeries, and fo the King fell into his ownefhares ; Hereupon the King fearing the Barons 
would take all 'bvs Cables without any eb facie, though be conceived an inexorab'e hatred a- 
gainfi them in bis heart, jet he craftily diffembled, that be would make peace with them fir 
the prefent; ut cum fur tint fur rexi (ft, in diffipata agmina acrius fe vindicaret • & qui 
in omnes non poterat , in fngulos dejtviret. Wherefore fending William Marfhall 
Earle of Pembroke to them, with other credible meffengers, he certifed them, that for the good 
of peace, and the exaltation and honour of his kingdome, he would gladly grant them the 
Lawtsand Liberties 1 bey de fired ; commanding the Lords by the fame meffengers that they 
pould provide a ft day and place, where they might meete and profecute all theCe things* 
Who related all tbefe things deceitfully imprfed on them, without fraud to the Batons at 
London; who appointed the King a day to come and conferre with them in a Meade 
betweene Sumes and Windfor, called Running-mead e ; on the 15. day of June. Where 
both parties meeting at the day , and conferring, the King perceiving his forces too weahg 
for the Barons, who were innumerable, e a fly granted their fubfcribed Lawes and Liberties 
without difficulty, and confirmed them with his Charter, Hand, Scale, Oath^ Proclamations, 
fa)Mattb.Park and other affurances, which you (Lall heare anon ; This meeting Daniel and others 
p 96 yj.Dankl ftile a Parliament (as well as that at (a) Clarindon and other afTemblies in the open 
p.85. fj eld) the great Charter being therein firtt confirmed ; which Parliament the King 

(b)Matth.Pam ^y f orce Q f A rmcs was c unftrained to fummon. So (h) Anno Dom. 122 5. King H<nry 
Daniel *p t<i the thivd cancelling the Charter of the- Forefi at Oxford, pretending that he was under 
1 j 1. " age when lie Jealed and granted it at firjl, and fi a nullity; Hereupon the Barons confede- 

rate 



Papifls to their SoVcraignes. i f 



rate by Oath, and put themfehses vi Armes at Stamford, from i tm to the 

King, requiring him ft/make reft it* tint without deity of tbt Liberties of the Fortes /-. 

mrcllcd at Oxford, otbermifi they would compeU him thereto with the /word . to avajd 
which danger he mm ed tifitmmm a P. irli iment at Northampton, where a concord (c)Matil fork 

xvm concluded *n all hand*, Anno i 2 26. and Co the Parliament brake up, (c)Anno 1237, -'' : * ■ 4 * •• 
Henry the third MicenHng his Nobility and generally all his Subjsas, by hisentcr- ^ .4*1.4**. 
tainmentof Forainersby whom ho was ruled, by marrying liis filter £/iawr to Si- 7 ~,f* 
Wton de Monfort a uwni (bed Frenchman, and his opprcfHons, contrary to his Oat 1 ] "/ 

and promiie in Pari, that year, put them into a new commotion , who thereupon Gr*fionJ>an, 
made a hard) Remonflrance of their grievances to him, by his brother Richard, by means f- ' 57- ' 5 8. 
whereof the King was forced to call a Parliament at London Anno 1238. whither 
the Lords came armed toconflraim the King (if he refuted) to the reformation of his cour- 
Jcj. (d) Anno 1250. King Henry is againe enforced £y theBarons and 24 Pe&res to call (fl/faffi p g 
a Parliament at Oxfoid and at London againft bus will , and to affe?a to srdinances ri*, p. V j8 94* 
t brain made.: And ^/«o 1 2 64. he was likewife contained to call two other Parlia- 94i*9**-D*iu 
nients at London, and to aiTent to the new Ordinances therein propo Ctd, which he K n7 :] 7 .l 
did onely to get time and circumvent the Barons. (/) Anno Vom, 1310. and isjll. ft/a jl^fi 
King Edward the fecond was in a manner conitrained at the infant (application of Slc 
his Nobles to fummona Z'arliament, and to banim his Minion Pierce Gaicfrona- tin/b aJ.(j gfu 
gainit his will, (f) In the 14. and i5.yeares ofthisK'ing,the Barons railing an Ar- 6piUi > D 
my by force of Amies compelled him to funimon a Parliament at Weflminfier , a nd ^jya/tc ^* 2 ' 
to pafle an Aft for the banifhment of thefe two great Favorites the Spen'crs w ho n]\\, m, 90. 9 1 \ 
mifcounfellcd and feduced him,and opprefifed his peopIe.Q^) And in thelaityeare of 92, 9 $. Ex/ti- 
this Kings reignc, his Popifh Prelates, Nobles, and Commons,taking him prifoner, un Hugenn It 
fummoned a Parliament in his name much againlt his will: wherein for his mif- jffi rh f" 
government, they enforced him to refigne hisCr©wne; depofed him, renounced farux fto. co 
their allegiance to him, and fetup his fonne King Edward the third in his Throne; 57. be h.ll.n. 
as you ma v repeat large in lValfin^ham,Po'ychro?iicon.CaxUm,Fabian, Grafton, Hd- Pakisn, Speed* 
linfhead, Speed, Stow,Howcs,Vanicl, Mr. Fax, and others who have written the Hi- G ftoa&ameU 
rtory of his life. In the ycare 1341. (the 1 5. of Edward the third his reignc) the ^ 1 *"^ 
Popifh Lords, Prelates, and Commons in Ireland, fummoneda Parliament there hj their (SSHift.p.loi. 
owne authority, without, and agalnitthe Kings or Deputies contents • wherein they 10J Tpcdigm, 
framed dizers Queft ions and Article! tviinfl the Kings Minifters there implied, (which Ncuftr. l- i<J 9* 
the trifb (If) Annals record at large) refnfing to appeare at the Parli intent there fummom d l \ ° 
by the Kings authority and Officers. I reade in the Statute of 21 K. 2. c. 12. fand ouv Briton, th 
(J) Hillorians have a touch of it.) That the Duke of Ghrefler, and th t Earles of A- Engtilli edit*- 




tg to \Va 
jummon a Parliament at Wefimmfier the morrow after the Purification nf our Lady, tic i< :~ 1 1 Or 

tnth scire of his r eigne : Which Parliament fo begunne,tlx faid Vul^e and Earle/ in *'-K.a- 

fuch forcible manner continued ; and in the f.tme did give many and divers hidgtments, 

of well of death of man sr other-rife, ttpen dizers of the Kings lieqe people, and did (>ize 

went of forfeitures of lands, tenement J, floats, and cattels, whereof they he cotaiB of 

higbTreafon-, and alj* for certaint a/tcfiions, which wire demanded Ly the Kin 7 tombing 

£ 2 bit 






IZ 



The Treachery and Pijloyalty of 




his tfiate. and regality 3 of certainc of bis Judges, then at Notingham the fame ye are. And 
far their anfmtrs ofthefami, given to the King upon the fame queft ions } tbe fame Juftices rvere 
forejudged of their lives, and judgement given againft them offorfaiting their Lands, Goods 
and Chattels • and the [aid Duke and Earles made divers Statutes and Ordinances in that 
Parliament at their will, the fummons whereof was made expreffely againft the. right of 
the Kings Crorvne, and contrary to the Liberty and Tranche fe ofbkperfon and Roy all eft ate : 
Whereupon it was by this packed over-awed Parliament 5 and A^annulIed 5 revoked 
and holden as none • as a thing done without Authority, and againft the will and 
liberty of the King D and the right of his Crown. Yet it continued in full force for io. 
yeares fpace,during which time there were 8 Parliaments held which would not re- 
peale krandby the Parliament in lH.4.c.3,4.this Parliament of 2 1K.2. was repealed 
with all the circumltances, and dependants thereof ; the Parliament and Statutes 
(ki) Wi IfniVah f 1 1 R %2 . Revived, and enatfed to heftrmely holden and kept after the purport and ejfeff of 
u°ffr fTruT- f ^ e f ame ^ <** a thing made for the great honour and common profit of this Realme. After this 
filyff0ws9in.il m tne 2 3 yeare of King RicW*/ the third, when he had ycelded himtelfe prifbner 
K.2. & i H. 4. to Htnry Duke of Lancafter ; the Duke comming with him to London,fent out(k)fum- 
Fnx Alls and mms f or a Parliament to he holden the Uft of September, in the Kings name, (fore againft 
Mn.v3Li. edit, fa wiif) anc [ enforced him firU to refignehis Crorvne unto him, and afterwards caufed 
'" / him to bee judicially and fokmnelj depofed by conjent of all the States of the Realme in 

Parliament, for cert aim abufes in his Government objected againft him ; The whole 
manner of which resignation, deprivation, and proceedings 3 you may reade atlarge 
in our Hiftories. 

Thefe Popifh Prelates, Lords and Commons, enforcing their Kings to fiimmon 
all thefe Parliaments, ("with others which I pretermit) might feeme to have fomc 
, <M - * e S a ^ colour from the ancient Law of King J4//re^; who in an adembly of Parlia- 
rsur iflv.ilues ment (0 EnaUed this for a perpetuall Cuitome : That a Tarliamentfhouldbe called to- 
cA.feh^pAC. gcther at LondonT\N ICE EVERY YEARE, OR .OFTNER,f«*i«e 
Cos!<es Inft it. on .of Feace, to keepe the people of God from fin, that they might live in peace, and receive right 
Lit f-.no. and y certaineufages and holy judgements And from the Statutes of 4 E, 3. c. 4. & 36 E. 3. 
the Brefcc * c * I0 * ( Dac king this ancient Law J which enact : that for the maintenance of the Lawes 
Sptlm Condi* and Statutes, and redreffe of divers mif hie fes and grievances which daily happen, a Tar- 
JFfJH.i*W liamentfhall beholden EVERY YEARE ONCE,and MORE OFTEN 
IF NEED BE. Nov/ thefe Lawes would have beene meerely voyd and ineffe- 
&ual,if thefe Kings 3 who were obliged by their Coronation Oathes to obfervethem, 
refuftng to call a Parliament as often as there was need, or at leaft once every yeare, 
according to the purport of thefe Lawes, might not be contained by their Nobles^ 
Prelates, pebpleto fummon them, in cafe they peremptorily refuted to call them of 
their owne accords, or upon the motion or petition of their Countell, Lords and 
Commons. Whereupon in the Bill newly paffedthis Se(Tion, for a Trienniall 
Parliament, for time to come, there is fpeciall provision made how the Parliament 
{Ball befummonedand convenfced by the Lords, Commons, and great Officers of 
the Realme, themfelves,withQKt the Kings concurrent aflent, (though by his Writ 
and in his name J in cafe of his neglcft or wilfull refufall to fummon one within 
that time. 
{m)Surm ton, Neither is this a thing unufuall in other parts. In the (m) General! CouneeU oFNire 
1 .Goncilp.%i* An, 363, Canon 5 . it wis decreed ; That a Comcdlfiouldbe held TWICE EVE- 
RY 



Tapifts to tbcir SoVcraignes. 







R.V YEA RE in every Provincei . . S 

(n)CoHncett \ Can. 20. veart iu'eviryPro- (n)Sum 

Kalter, tkcotheri nd de- ) 

mdeontroverfiet. Andinthei.(o)Counce]JofC , ,/r r*- 1".. ,: ;V"; 
/.'//y.V, Can. 3. The Council of Afric^ Can. 18. P<pc £e the firft, in his Decretal] 575.7$*! 
FpilHeSj Ej 7. The Counfell of Chalcedony Can* 19. the third Counfell of 

T V' under King . cap. iS. the ibuith Counfell of T^y/,/, im- 7 2 *-^*4 ;< 

da'Kini^'*/iv/.v/'< 
, cap. iS 
1. and the 

Connfell of Aiirelia, cap. 22. t he Counfell at Hov/W, under King i>/W, An.6yo. *># 
in Ee<fcV Ecclefiaft. HilL/4. c 5. Po} c G/^/;r; thefiift in his Decretal! EpifUes 3 /:','. 
7. F ri/rr/,Epiu\no. the fixt Counfell of Cvnfiantinopk, Can. S. the Counfell of \ \ ' 
Antricnm, Can.7. the Counfell of /^/,/p>/, Can.2o ; (/>j Pope Gre^ry the third his t'^Awtij ■" 
Decretall Epiftles. The Synod of Sueffons 9 under King ChilderiCj the Counfell un- 159. 
der King Pepin, at the Palace of Vernu^ An. 755. cap. 4. The Counfell of F^r^un- C/o '.- - 
derI«n?^,andXo^jire,/f».829.A3.cap. ii.ThcCoBnicllof Meldes, An. 845. cap. * £*4*4-«4*j 
32. With fandry other Counfells, decree, that a Synod or Counfell Jfcj#& kgn twice 4 °* ' 
(or at the lcalt once) ez/eryj eare, at a cert awe time and place in every Province 5 thai all Ei- 
flops and other si nnh (fe hindered by fic^neffe, or other inevitable occafiow,fhould be frefint at 
it, and not depart from it till all b>{ fine ffes voire ended, and the Counfell determined, tm 
paine* xmunication^ that Kings by theit mandates fbculd not interrupt theie Cotin- ■ 

fells, n re kgepe backe any Members from them. A nd to the end they might be the more 
duely obferved without interruption for want of a new Summons ; they lifcewttc 
decreed 5 cc That before the Counfels determined, they mould (till appoint both 
cc the day and place, when and where the next Counfell Ihould affembie, of which 
"every one was to rake notice, and to appeare there at his perill, under paine of 
"excommunication and other cenfure, without any new citation. Tea, the Great 
{q) Counfell of Bafil, Ah, 1431. Stffim 15. provides and decrees-, <c That in every fe)*wa»-W« 
ct Province an annual], oratleafta bienniall or trienniall Counfell at fartheit, (hall 4 ^' 44 ' 
,c be kept at a fet time and place, where none mould faile to meet under paine of for- 
titing halfe their annuall Revenues ; And if the Metropolitan, without lawful! 
" impeaiment,(bould negleft to fummon fuch Counfels at the times appointed . he 
" (hould for his firft default forfeit the morty of his Revenues 5 and ii 'within three 
<c moneths after he negletted to fummon the faid Counfell,then he Was to befufpen- 
Cc ded from all his Offices and Benefices, and theancienteii, or molt eminent Biihop 
cC in the Province in his default, or any other that by cuiiome ought to doe it, was 

1 lupply his neglcft in affembling and holding the Counfell. As it was thus in ( r )See-MSpei. 
fummoning Counfel?,for the government of theChurch,and Ecclefiafticall affaires: c f ^-^'n.i.p. 
( many of which Counfels, as is evident by (r) divers Saxott, Britifi, Spanifh, French ]{ n 9 ^ &***?' 
e no other but Parliament J,rvhertm the Kong and all temporal! eft ate s afjhnbkd, biff. Norm /a 
fate in Counfell as well as the ? relates andClergie, as they did as well in generally as V-&7- CotuTote. 
in Nationalland Provkiciall Counfels 5 )fblikewife in calling Dias,Pailiamems,and 8 - r2and orhcis 
General Aflemblies of the Eitates/or fetling and ordering theCivili affaires of King- " °"f ■ 

domes. Not to mention the power of affembling the Roman Senate., 1 eliding prin- 0)Commomv ' 
cipally in the Confuls, as Q) Bodin proves at large, /.$ c.i. ' 

B 3 la 



1 4 The Treachery and Di(loyaltj of 



V 



In the (t) kingdome ox'Aragon in. Spaine, of ancient times by an ancient ftatuteof 
(t) Hieronymm C c that Kingdome, a Parliament or general! affernbly of the States was to afiemble at 
Rla i!fmmRcfum cc a let time and place, once every yeare at leaft, and of later times by ojther Lawes, 
co7iw?n^-7 6 4 " onct evler y fecond ycare. Neither can the King or Aragon hinder or adjourne this 
fjjYT.tf 83,689.. « Aflembly above forty dayes at molt, nor adjourne or diffolve it when met, but 
723,724. BY THE GENERALL CONSENT OF ALL THE COURT. 
cc And during the Interregnum, when there is no King, the Eftates themfelves have 
cf power to aifemble and make Lawes, notonely to binde themfelves, butthefuc- 
(n)Nrckol- iftb. « cecding King : As they may likewife doe in Hungary 5 where the (it) Grand Fa- 
de Rebus Vng. « i at ' mt (elected by the Eftates of Hungary aiwayes in their Parliament, not the King) 
bifiu.6.f. 4. 5 j ur j n g tne jTtfgjyegHWB hath power to call a Parliament or gencrall aflembly of the 
Sutesof Hungarj, to make obligatory Lawes, as well to fucceeding Kings as to the 
Cc kingdome. 
¥ . *Hieronymuf Blanca recites this Law of King Janus of Aragon,f or altering their 

Commcm.M<h. Annuall into a Bienniall Parliament, Cum in Cur in, quas Regesfuis Cub ditvs celebrant , 
765. ea qu£funt ad conjervationem pads, acjujlitU, & Statumpacificum Regni, & Regimen 

fubditorum, & ad tultionem & augmentum Reipub: ordinent & difponant : Nos Jacobus 
Dei Gratia Aragonum Rex, Licet jam per iUuftrijJimumVom'mnm Regem Petrum, re- 
colend£ memorU patrem nofirum,fiatutumfuijjet in favorem Aragonendum ; Quod ipfi & 
fui Succejfores (Vtl OLIBET ANNO evs curiam celebrant in Civitate Cjefar- 
Auguftae, quod etiam ftatutum fuit per "Dominum Regem Alfonfum clart memorUfratrcm 
nofirum, & per nos pofimodum confirmatum. Nunc vero attendentes ad Communemutiiita- 
tem totius Regni Aragonum, quia loca ubi Curie celebrantur, propter congregatiomm 
■ gentium magnum fitfeipiant incrementum; DEVOLUNTATE & A S S E N- 
Sir Trddatorum, Religiofiorum, Baronum, Mefnadtriorum, Militmn, &?rocuratorum 
Civitatum, ViUarum, & Villariorum Aragonum, in bac Curia amgregatorum : Statui- 
mus , &perpetuo ordinamus, §)uod de c£tero nos & JucceJJores nottri faciamw, & ce- 
lebremus Curiam generalem Aragonum DE BIENNIO IN BIENNI- 
UM, in Fefio omnium SanBomm, in quacunque Civitate, Villa, vel Villarzo Arago- 
num, ubi nobis, & fuccefforibus nofir is melius f tier it vifum expedite ; non ubfiantibw fia~ 
tuto& ordinationibus prxlibatis. Inaliisvero, Privilegio generali Aragonum, & Forts 
per nos jameditis, in fuo robore duraturis. Et \j£c Juramus per nos & fuccefilres noflroj 
pertetuo obfervare. Et Pr<elati & Religiofi, qui in diBa Curia erant, ]j£c firmarunt,& fia- 
rmes, Mtfiiadarii, Milites, & Procurators Civitatum, ViUarum, & Villariorum fimi- 
liter Jurarunu Which Law was afterwards fomewhat altered, rerlrainiag thefe 
Parliaments to fome To wnes of great P^eceit. And concerning the forme of their 
Parliaments and their Kings power to adjourne them, or not adjourne them, he 
writes thus. In Com itm Relpub: nofir a quafii integrum qit)ddam fingitur corpus ; cu- 
ius caput, ce?j)etur Rexitruncw vero corporis, ac membra in eolocata, ipfi O-rd'mcS . Jufii- 
tiaautem Aragonum., collum, qnodutrumque conjnngit, & corporis, & capitis faucihus 
adh£refiit. Ad noftra igitur comitia hi quatuor Or dines evocandifunt, Evoeantur autem 
finaulatim per liter as, quas apellamus, las Cartas deUamamiento, In bis aRcgibuspropj- 
nitur ratio confilii, quo duUus Comitia babenda decreverit^ turn ipfirum Comitiorum did- 
tur dies, acopportunw defignatur locus. Ve cujus mutatione, <m fieri pofjit, ab eodem AIo- 
lhh> b£c traduntur. Si in aliquo loco fiunt fiemel convocat£ CurU gemrales, & incepts, 
NON POTEST I L LA S M U T A Pv E fin cominuare deminw Rex ad 

alium 



Tapi/is to their Soreraignes. i 5 



alium locum B egui, NISI TOTA CURIA GENEKALI CONS EN- 
TIE N T i E, Ej idem faulop -J?. Tame* Ji Cur It generates nmdmn funt mtegre con- 
jveaata. feu incept* $ tunc DominmRex i etiam fine Curia fotefi iliat mandate coutinuari 
vijum. Et ifia cenwuuth Get per jufliti am Arugonum, feu ejue 
Lj urn tenenti tn* Quibw poteritDommw Rex mmdare 7 quid ill as continueni ad locum do- 
minoKegi beucvijum. Jusefiamem ; Ne comitia nofira ultra quadragima dies jwffunt 
differri. 

* The Eft ate s and Parliament/ generall of France, under the Kings ofthe fecond Line, * Andrew Pa- 
met and heldbut twice in tbtyeare only, according to the Testimony of Hincmarus Arch- vim his Tbe§tre 
bifhop of Reimes, drawne from the Narration ofthe Abbot or' Corbie Alard, who °fJ&nair.l.i.c< 
lived in thetimeof Charlemayne ; underthc Reigne ofKing Lewis, called Sancfus, I1 tf»*7$.i7*« 
when ¥ ranee was in her rlourifhing Eilate, and the Princes and Lords were of fouple 
nature, ranking with the termes of duty and obedience, the Parliaments were til- 
led and allured at ccrtaine feafons ofthe yeare. For in times of Peace foure Parlia- 
ments were holden yearely, or three at the lead. And the (ame was ufed under the 
Reigne ot his Sonne Fbilip the Hardy, Third ofthe name. In the time of Philip de 
'Bel. his Sonne, King ©f France and Navarre, they were reduced to two Parliaments 
yearely according to the ancient cuftome ; One in Winter, and the other in Sum- 
mer during Peace ; and but one in Winter during Warre. ( It appeareth neverthc- 
lefie by the Regitters ofthe Court, that by hindrance of warre againlt the Rebelli- 
ous F lemmings, there was not any Parliament during fomeyeares ; ) And the King 
by his Ordinance, dated the Munday after Mid-lent, An. 1302. (fet downe in the 
Renter of ancient Orders oi Parliament, fol. 45.) Willed, that for the commodity of 
his Subji els there fhmld be every yeare two Parliaments at Paris, and in other Provinces ; aB 
Andrew Favin Records: By which it is apparent, that Parliaments in France, Spaine, 
and other kingdomes, *vere not arbitrarily called at the Kings free pleafures as M- 
domcas they pleafed, but frequently fummoned every yeare, once, twice, or more, 
atcertaine feafons,by publike Acts ut Parliament, for the better government of thefe 
ReaJmes, rcdreffeot grievances, and prefci vation ofthe peoples Liberties againil all 
rOyall encroachment's on them. • 

In Germany, though Diets and Affcmblies of the States be commonly made by the 

Emperours, and in their names ; yet, wc find that the Princes Electors, and Eitates (x) Sjc trim* 

havcaffcmbled, notoncly without, but againft the Emperours contents, when they fitfhAuevaimti 

faw good caufe • and not onely queltioned, btrt depofed their Emperours,and cleft- J?fEt»S! '[' 

1 & . ■ • n t c l- u l r j j • ii- r/ \ t 2>atflhSvfpe>g» 

cd new in their iteads, ot which there are iundry precedents in the lives or (x) Lu- 0!f:c Frl 'f in£ en. 

dovrwpius, Henry the I, 4, 5) <S7 • Fredericks Barbaroffa, Charles the Groffe, Wince- ffernu Scbcdtk 

(law, Philip, Othotbe fourth, Ludwicus Bavarus,and others. In this regard there- Anton.Opinnr. 

tore of forcing Kings to fummon Parliaments (fo frequent with Popifh Prelates, ^it^te^L 

Peeres, Subj-jfts,both in our ownc and other Realmes) our prefent Proteftant Par- fa\ s ■„ ^tir 

liament, and all others, fince the Reformation, have becne more moderate and du- lives and hifto- 

tifull, thenthofc in times of Popery heretofore- or then the Popilh Rebels in Ire- tie*. 

land are now; (j/) who have lately at Kilkenny held a kinde ofParliamcnt, ended new ^ )Se } € rhci T 3 * 

La ires, and Officers ofjuftia, enalied nen Lawej a?;d Ordinances, as we I Civ ill and crimi- Jf. ™* ^ 

nail as Martial!, and done as much herein without the Kings ajfent or Commijjion, of our Affembly ar 

King and Parliament could dot, if convened. . Kilh$M) 1 6^2 
Fourthly, Our Popifh Barons,Prelates and Commons, have refufed to meete in Par- 
liament 



lS 



The Treachery and Diflojahyof 



(O Mat.Paris, 

47 l&c> Speed 
hi ftp. 607- to 
6 1 1, Danielp. 



* Who now 
give the King 
no inch good 
advice 



liament when the King hath fummoned them by his Writ, (£) An.Vom. 1233. King 
Henry the third fummoned his Earles and Barons to appeare at a Parliament at Ox- 
firdy (-where the King now refides}) but they all joyntiy lent him an exprefle meflage 
that they would not come upon his fummons, for that the Kings perfon went guar- 
ded with FcitiovineS) and other ftrangers, who fwayedandmifcounfelledhim (as 
ill Councilors doe now the King) To as they could not there appeare with fafety : 
at which meffage the King grew very angry, refplving that they mould be once, 
twice and thrice fummoned to appeare : Whereupon 'Roger Bacon^ who ufually 
preached before the King, freely told him, That if he did not remove from him Peter Bi- 
f)op ofWinchefler 9 and Peter de Rivallis {his malignant Connfellors) he could never he quiet : 
And Roger Bacon a Clergy man alio of a plea (ant wit, feconding Roberts advite, told 
the King, that Petr<e and Rnpes were molt dangerous things at Sea, alluding to the 
Bifhops name,Pe?mr de Rupibus. The King hereupon comming a little to himtelfej 
and taking that good advite of * Schollers which he would not of his Peeres, fum- 
mons another Parliament to be holdenat Weftminfter^ giving the world to know 
Wlthall, that his purpofe was , to amend by their advife wh itfoever was to be amended. But 
the Barons confidering, that fill there arrived more and more Strangers^ men of want 3 
with Horte and Amies (as now alas we fee they doe) and not trufting the PeiBo- 
yine Faith ( as we have now caute to miltrult the perfidious papifts, and malignant 
Cavaliers ) and feeing no footfteps of peace(our prefent condition) refuted to come 
at the appointed day ; fending the King word by folemne MerTengers, that he (hould 
without any delay remove Peter Bijhop of Winchester 3 and the otha PoiUtovines out of his 
Court , which if he refufed^ they all of them by the common confent of the whole kingdome, 
would drive him^ with his wicked Counf ell ors^it of the Kingdome^andconjult about creatine 
& new King. Thefe things thus a&ed, the King was much deje&ed in mind, and all 
his Court too,hanging downe their heads,and fearing not a little, left the errors of 
the Sonne mould become worfe then the Fathers errors, whom his Subjects indea- 
vouring to depofe from his Royall Throne, almoft detruded him to that name, 
ivhich was given him by a certaine prefage ; John the Banijhed : Wherefore Ire could 
eafily have beene drawne to redeeme the love ofhis naturall Liegemen, with the dif- 
grace of a few ftrangers. 

But the Bifhop ®fWimbefter y with other his ill Councilors, and PoiUovim Cava- 
liers, counfelled him to tak^up Armes againfi his rebellious Subjefh^ as they (tiled 
them, and to give their Cables and hands to them^ who would defend him and the kingdom* 
of England from thefeTraytors, ( The Couniell now given to his Majefty, by his ill 
Counfellours and Cavaliers:) hereupon the King inclining to the worfer parr, rai- 
feth an Army o£P oiUoviizefk foraine Souldiei s,which came to him being fent for out 
of Flanders, ( from whence the King now hath many old Souldiersj and Comman- 
ders lent him) teifeth a Manour ofGuilbertBaffets, a Noble man, given him by King 
Jobn 9 calling him Tray tor when he demanded it ; fets downe a day, wherein all his 
Lords he (ufpe&ed Qiould deliver him Sufficient pledges of their . loyalty • and being 
at Glocejlcr with his Army,)whithej|the Lords refuted to come, being required, (the 
King thereupon, as if they were Tray tors, burnes their Manors, deihoyes their 
Parkes and Ponds^ befiegeth their CalUes,and without the judgement ofhis Courr, 
and of their Peeres, denounceth tl: em exiles and bammed rr.en, gives their Lands to 
the PoiZtovineS) and adding griefe to griefe, wound to wound ? commanded their bo- 
dies 






Papifls to their SoVeraignes. 



dies to be apprehended where ever they were within the kingdom, he likewife fends 
a defiance to the Earle Marlhall, whole Lands he had walled, who thereupon un- 
derltood himfelfe discharged or* that obligation by which he was tycd to the King, 
and free to make his defence; Whereupon, he feeing neither * Faith, mr Oath , nor ¥ ^^ 
Peace to be kfpt by the Kin?;, or his ill Counfell ours, who contrary to their promifc and 
Oath, refuted to deliver up his Caltle, which they promifed to render to him, upon 
demand; he raifeth a great Army, and takes his CaliJe. On this the King upon 
better coniideration, did againe promifc and atiirrne ; That by advife of his great 
Councell, all that was amifle (hould be re&ified and amended $ And at the day and 
place appointed, he holds a great conference with the Lords; But the evill Coun- 
fcllers he followed, fullered him not to make good his promiie. For when divers 
there prefent, greatly in the Kings favour,withfundry Preachers and Fryers,whoni 
the King was wont to reverence and hearken to, Humbly befec.hed, and earnestly exhor- 
ted the Kingto make peace with hit Barons and Nobles, and to embrace them with due 
atfec\ion,being his naturall Subjects, whom without any judgement by their Peeres T h cPar J*- 
he had banithed, deltroying their Manours, Woods, Parkes, Ponds 5 and being J** 1 ^ ** 
led and feducedby evill Counfels, leiTe regarded his faithfull Sub/efts, ( whofe na- 
tive blood would not permit them to bow downe ) than Forainers ; and which is 
worie, called them Tr iytors,by whom he ought to fettle the peace,order the Coun- 
fels, and difpofe the affaires of his kingdome: The Bifhop of Winchefttr ("offended 
it feemes at Peeres ) takes the word out of the Kings mouth, and anfwerS; That 
there an not Peeres in England, at in tlx Realme of France ; and that therefore the King of 
England, by fuel) Jufticiars as himfelfe pleafeth to ordaine, may banift any offenders out of the 
Realme, and by judicial! procejje condemne them. Which infolent fpeech the EnglipEl- 
lhops rclilhed Co hardily, that they prefently with onevoyce threatned to accurfc 
and excommunicate by name the Kings principall wicked Counfellers ; of whom 
Winehefier being the foreman, appealed ; whereupon they accurfed (and I would our 
Bifhops would doc fo now, if the God-dam-me Cavaliers accurie not themfelvcs 
fufficiently )allilich as alienated the heart ofthe King from his Subjetts,and all others 
that perturbed the peace of the Realme ; and fo the hoped Accomodation vani- 
(hedinto greater difcontcnts. Hereupon the Earle Marfhal I and other Lords with, 
their Forces, fell pell mc!l upon the Krngs Army, flew divers of his Fonainers ; and 
in conclusion drew him to foch ltraits, that enforced him to be capable of better ad- 
vife : Then Edmtotd hixh-YAlhoy of Canterbury c\c&, with other furlragan Bimops, 
bewailing the clhite ofthe kingdome,prefcntcd thcmfelves before the King at Wefl~ 
minfier, telling him as his loyall liegeman ( and O that fome Bifhop or faithfull per- 
fon, if there be any fuch about his Majeity, would nowdeale thus clcarely with 
him, touching Jiisevill Counfellors!) cc That the Counfell of Teter Bifhop of tf 7 /*- 
c ebefter, and his complices, which now lie had and ufed, was not found nor fafe, 
" but evill and dangerous to himfelfe and his Realme : Firlt, for that they hated 
cc and defpifed the Eng'ijh, calling them Tray tors, turning the Kings heart from the 
cc love of the people, and the hearts of the people from him , as in the Earle Mar- 
c - fhall, whom (beingoneof the worthiest men of the Land) by lowing falfetalcs 
" they drave into difcontcntment. Secondly, that by the Counfell ofthe (aid Teter, 
a his Father King John, firlt loft the hearts of his people, then Normandy, then ether 
l< lands 3 md finally wJded all his trcafiircymdalmoii inghn i alfbj and never after 

C had 



1 8 The Treachery and Dtflojalty of 



cc 



cc had quiet.Thtrdly,thatif theSubje&s had now beene handled according to Juftice 
* and law,& not by their ungodly Counfels, the(e prefent troubles had not hapned, 
"but the Kings tands had remained undeftroyed,histreafureunexhaufted. Fourthly, 
cc that the Kings Couucell is not the Councell of peace but of perturbation, becaufe 
" they that cannot raife themfelves by peace, muft raife themfelves by the troubles 8c 
<c dif-inherifon of others.FifthIy,that they had theTreafure,Caitles, Wardfhips^and 
t4 ftrengthofthekingdome in their hands, which they infolently abufed, to the 
fC great hazard of the whole eftate, for that they made no confcience of an Oath, 
w Law, Juftice, or the Churches cenfures. Therefore we, O King, fpeake of thcfe 
"things faithfully unto you, in the prefence of God and man, and doe counfell, 
cc befeech and admonifh you, to remove fuch a Councell from about you ; and (as 
cc it is the ufage in other RealmesJ governe yours by thefaithfull and fworne chil- 
rc dren thereof. To which the King in briefe anf&ered \ That he could not (uddainely 
* Speed ibid, <c putofl p nis Councell , and therefore prayed a (hort refpitc. * Nothing had hither- 
" to preferved the King more. Than that he could without griefe forgoe any favorites, 
if hewerenearelyprefled • the contrary quality whereof hath beene the caufeof 
rmalldefolation to fo many Princes.For though choyce of Counfellcrs be for the 
iiioit part free, yet by common intendment they fhouJd be good 5 or how ever they 
* c are,or are not; it is madnefle to hazard a Crowne, or lofe the love of a whole 
cc Nation, rather than to relinquith or diminifh a particular dependance, for which 
<c the pubiiquemuft not be hazarded, nor fubveted • The King therefore, in this 
cc point not in fortunate, commands Bifhop Feter from his Court,to kcepe refidence 
"athis Cure, ivithout once fnedling in State affaires, removes all his evill Coun- 
cc fellors, deprives them of their Offices, and puts good men in their places, and 
<c commands all Toiftovians and Foraine Forces to depart the Realme, receives all 
* his Nobles unto favour, reftorlng them to their loft Offices,Lands,CaftIes,admits 
* c them into his Court and Councell. puts all his illCounfeilours, and Delinquent 
■ "'Officers to their legal! trials and fines. r And for Peter Kivaks^ his Treasurer, he 
fC wasfoincenfedagainfthim for hisillCouniell, that he fware he would piucke 
: ' out his eyes., were it not for reverence of his holy Orders. And at his Arraign- 
ment at JFefimi/ifier the King fitting in perfon with his Juftices upon theBcnch, 
'and thootins Rivals through with an angry eye, fpake thus to him. "O thou 
u Travtor, by thy wicked advife, I was drawne to fet my Se<de to thofe Treache- 
w i-ous Letters, for thedeitrucVion of theEarle Marfball,the contents whereof were 
cc ro me unknowne • and by thine and fuch like Counfell, I banifred my natural I 
SufcjeSs, and turned their mindes and hearts from me- By thy bad counfell and 




exact, of thee an aceompt, and thou (halt be carryed to the Tower of Lo?id>>n, to 
"deliberate till I am iatisfied. And thus were theft civill warres and differences 
reconciled/TllCounfellors removed, enormities reformed, Delinquents puniihed, 
(not without reducing ftore ofebyne to the King,? and peace cftablifted m the king- 
elome. Which Hiftory, I have more largely recited, becaufe molt of its paffages are 
Parallel to the Kings, and his evill Counfellors prefent proceedings, on the one 
hand,and to the Parliaments in fome fbrt 3 on the other hand in the premifes; and I 

doubt 



Papifls to their SoVcratgncs. \ 9 



doubt not but they will pron parallels in the concluiion, to the tcrrour and jul* pu- 
nilhment of all ill councilors, Cavaliercs, and Delinquents, the contentment or all 
good Subj.&s joy, and re-ettablilhment of our peace in truth and righteoufneife. 

To end the point proposed ; * Anno Dom. 1 3 1 5 . King Edward the fecond by his * Wtlftng.t^fi, 
Writ (umnioneci a Parliament at London; but many of the Lords refnfed to come, pre- p- 84. 44. ey 
tcnditi<cau(cs and impediment s, by rvbicb their abfence might well be excufed, and fo this r P~- N**ft»f 
fsriiament tnke no ijfefi, and nothing xrus dme therein. In this particular thsn Popiih u lt 
Prelates, Lords and Commons, have exceeded Protectants in this, or any other Par- 
liament. 

Fifthly, Popiih Parliaments, Prelates, Lords and Subjects have by Force of Armcs 
compelled their Kings to qrant and coufirmi their Lawes, Liberties, Charters 9 PriviUdgcs, 
xvith their Stales, Oathes, Proclamations, the Popes Bids, Prelates Excommunications , and 
to pafje, conjirme, or repeale Acts of Parliament againfl their wils* Thus the Barons, Pre- 
lates, and Commons, by open warre and Armcs enforced both (V) King John , and (apht.Pa. At-: 
King Henry the third, to continue MagnaCharta, and Charta de Forefia (both in and J 2 M« ' 2 ' 5- p. 
outof Parliament) fundry times with their hands, Seales, Oathes, Proclamations, ^i^hi^Q'Z 
and their Biihops Excommunications, taking afolemneOath one after another at W4fab?tj3[. 
Saint Edmonds, upon the High Altar, 1 2 1 4. That if King John fhould refufe tv grant Ncufl An.iui 
■the fe Lawes and Liberties^ they would wage warre agai?tji him fo long, and withdraw 1*15. Fa6tM t 
tbemfdves from their Allegiance to him,unti\l he fhould conjirme to them by a Charter ratified Q gX f R, *L i:r \ 
with his Scale, ali things which they required: And thai if the King flsould afterwards Jntbe^ferfK. 
per adventure recede from his owne Oath, as they verily beleeved he would, by'reafon of his Jclm {? Hen. 
double dealing, they would forthwith, by feizing on his Cafiles, compel! him to give fat if- \.Spted>Hifi f % 
fatlion • Which they accordingly performed, as our Hiuories at large relate. Yea, * 7 *- to6 s7- 
when they had enforced King Qi) John thus to ratine thcie Charters, for the better 
maintenance of them, they ele&ed 25. Barons to be the Confervators of their Pri- H^^'JjS 
viledges, who by the JCings appointment (though much againlt his liking, as after- auad'ir^. ' 
wards appeared) tooke an Oath upon their Soules, that with all diligence they 
would oblerve theft Charters, & Regem cogerent; and would COM PELL THE 
A' I N G, if he mould chance to repent, to observe them ; All the reft of the Lords 
and Barons, then likewise taking another Oath, to obey the commands of the 25. 
Barons. 

After this (<■) Anno T>om. 1258. King Henry the third fummoned a Parliament at f N 
Oxford, whither the Lords came armed with great Troopes of men tor reare of the ^., , 2 \L ' p *l[ 
Poi&gviaes, to prevent tre tchery and civil! warrcs, and the Kings bringing in of Foraine 940,041. A'.-. 
force, agiinft bis natural! Swtje&r* to which end they catifcd the Sea-ports to be Wefimik.ir%i' 
(but op, and guarded. The Parliament being begun, the Lords propounded fundry ^/"is*- \ 
Articles to theKing, which they had immutably refolved on, to which they rcqui- s ™* r l f J*: 
red his aflcnt. The chicle points Whereof were thefe : That the Kin? fhould GrafiouDx 

kcLpe and canfervt the Charter and Liberties 0/ England, which King John hit Fa:,'. > p 
made, granted, and ratified wiih an Oath, and which himfelfe had fo often granted , and 
fwom to maintaine inviolable, and caufed all the infringers of it, to be horribly excommnni- 
I by a!! the Eijhops of England, ifl ibis owne prefence, and of all his Barons » and bin* 
fife was one of the Excommunicators. That fitch a one jljauld be made their Chief e J.'r'-i.r. 
who would judge according to Right, without refptCl to poore or rich. With other tb 1 
concerning the kajigdomc, to tl?e common utility, peace, and honour of t&e King andkingdvme. 

C 2 To 



20 



The Treachery and Dtjltyalty of 



(<S)MAtth. Tat, 



To thefe their neceflary Counfels and provifions, they did frequently, and mod 
conftantly,by way of advice, deiire the King to condefcend, fwearing andgiving 
their mutuall Faith and hands one to another; That they would notdeiift to pro- 
iecute their purpofe, neither for lone of money or Lands, nor love, nor hate* no nor 
yet for life or death of them or theirs; till they had cleared England (to which 
they and their forefathers were borne) from upftarts and aliens, and procured lau- 
dable Lawes. The King hearing this, and that they came exquifitely armed that fo 
heand his aliens might be enforced, if they would not willingly aflent, tooke Jiis 
corporall Oath (and his Sonne Prince Edward alfo) that he would fubmit to their 
Counfels, and all thofe their Ordinances, for feare of perpetuall imprifonment ; 
The Lords having by an Edift, threatned death to all that rcliited : Which done, all 
the Peeres and Prelates took their Oath;To be faithful 1 to this their Ordinance-and 
made all who would abide in the Kingdome,to fwear they would ttapd to the triall 
of their Peeres -, the Arch-BifhopsandBiftiops folemnely accurimg all that mould 
rebell againft it. And Richard King of Romans,thz Kings younger brother comming 
foone after into England to viut the King and his ownLands,the(^)Barons enforced 
him (according to his promife fent them in writing before his arrivall) to take this 
Oath,as (bone as helanded,in theChapter-houfe at Canter bury. Hear all men /&#/ Ri- 
chard Earle ofComew&\,fwear upon the holy Gofpels,to be faithful! and forward to reforme 
with yon tlx Kingdome 0/England, hitherto by the CounfeU of wicked men fo much deformed. 
And I will be an ejfeffuall coadjutor to expell the Rebels and troubkrs of the Realm from out of 
the fame, Thu Oath will 1 obferve under paine to forfeit all my Lands 1 have in England. 

Tofuch a high ftraineas this, did thefe Popifti Parliaments, Prelates, Peeres,and 
Commons fcrue up their jurifdi&ions, topreferve themielves and the kingdome 
from flavery and defolation ; whom Matthew Tarn his Continuer, for this ftrvice 
ftiles,(e) AnglU Rerpublic* Zelatores : the Zelots of the Englifb Republicke. Neither 
is thi6 their example fingular, but backed with other precedents. In the fecond and 
third yea res of King Edward the fecond, (f) Tiers Gaiefton his great, proud,in-fo* 
r J ) dK^RA* knt^ovetous, unworthy Favorite, mifcounfelling and deducing the young King, 
i°oL n 10? f from whom he had been baniftied by k his Father)& fwaying all things at his plea- 
lure, the Peers and Nobles of the Realme, feeing themfe'ves contemned, and that 
foraine upltart preferred before them all, came to the King, and humbly entreated 
him ^T hat he would manage the Affaires of his Kingdome, by the C on?? f Is of bis Barons, by 
whom he might not onely become more cautious , but more fafe from incumbent dangers-^ the 
King Voce tenw, contented to them 5 and at their in fta nee fwmmoned a Parliament 
at London, to which he commanded all that ought to be prefent, to repaire. Where, 
upon ferious debate^ they earneftly demanded of the King, free lilerty for tht Barons 
to compofe certaine Articles profitable to himfe'fe , to hi*, kingdome, and to the Church of 
England : The King imagining that they would order Piers to be banilhed , a locg 
time denied to grant their demand, but atlait, at the importunate inftance of them 
all, he gave his. aflent, and f wore he would ratifie, and ebferze what ever the Noble? 
jhjuld ordaine : The Articles being draw.ne up, and agreed by common confent,they 
propounded them to the King- and by their i/?/portxnity,??iuch a^ainfi his well-liking 
oaufedkiukto ratifie them with his Seafc, and to tak? bis corporall Oath, to obferve them : 
Which done, the Arcb-bifhjp of C tnterbwy with- his Suffragans,, folemnely denounced 
a Qntence of excommunication again ft al whofoould contradict theic Artie W. which they cau- 
fed to b? ppsnly read Infants Chn,\h Lftidqnfm the prefence of thtP relates, Lords and 

Common; 



{e)JijJior. An- 
£tt*yp.$53> 



#i# t Ang.p.jo. 
t*7j.S.p.6c8. 
iyc. with Hot- 
Stcrv, firaftcn, 

etktrs.Fcx.A8. 
4&M;n.vtl % I. 

481* 



Tapijis to their Soreratgnes. 



21 



Commons of the wbele kmgdomjbeKing hang prf/?»/-, Among which Articles they deman- 
d. d-7 bat Maoyia Cbarta^with other prozifi ens ncafiary to the Church and Kealme^fbould be 
o!> ervedjbat the King & hn Father bad commanded y fljould tbrufi a! Strangers out ofhuCourt 
t and kin j dome y and remove ill Counfcllours from him:l h.it he would thenceforth order all the aj- 
f aire j of the kan^dome by the Counfel of the CltlfJ and Lords-and begin no war^ nor depart any 
where out of the kjngdome without common coujcnt.The King contented to theArticJes,and 
banilhed Pier/into Ireland. No* fooncr was the Parliament difTelvcdjbut the King 
neglecting his Fathers folemne ad jurations,togethcr with his owne Oaihaiever to re- *Nore rhe cre- 
duce F;Vrj 5 (ends for him back to hisCourt,marricth him to the Counted of Glocefter, dir of Pr,ncc,T 
his owne lifters datighter 3 (heweth him more favour then cwcr h Kefolviug with himfelfe to f^n/p^eT 
retaine this Gavefton, mauzre all his Earles, Farons,and tor the love ot him,to put his nations. 
Crowne and life in pcrilLwhen time mould ferve: In which,whcther the King or his 
Favourite ifcew'cd lelle difcretion,it is not at the firft eaiily dctermined;k being as un- 
fafe for the one with fo offenfive behavior to affect immoderate (hew and ufc of grace, 
as for theother 3 to the injury of his name and R.eaIme,to bellow the fame. But upon 
the Queenes complaint to the King off ranee her Brother, of Piers his iniblence and 
prodigality ,and on the Barons menage to the King by common confent;77u/ hejbould 
banijh Piers from bit cempany^and ebferve the effett of the for ef aid Articles ^ or elfe they would 
certainly rife up againft him at a perjured per fon by a like vow( which fpeecb feemed hard to the 
King^becaufe be knew not bow to want Piers, but yet difcernedtbat moreda?iger would fpring 
tip ijhe obeyednot the Lords Petition)? iers rather by the Kings permillion* then good li- 
kingjdidthe third time abjure theReaJme with this provifoithat if at any time after- 
ward he were taken inEngland^hc mould be forthwith put to death as a perilous ene- 
my to the'Kingdomc:yethe returning in Chriilmas to the King at Yorke, the Lords 
fpirituall'and temporall,to preferve tl# Liberties of the Church jh kjngdom^and remove this 
Viper ,elected Tfo.Earle ofLancafter for their General^andfent honorable meflengers 
to the KingjrequelHng himy deliver Tiersinto their bands, or drive him from bis company 
cut oj t\noland}M being perfwaded^wbile that King- bane breathed} peace coiJdntver be main- 
tained in the Realmejunr the King abound in treasure, nor the §htetty enjoy bis love. Eut the 
wilful] King would not condefcend. Whereupon the Lords thus contemned and de- 
lnded,prcfcntly raifcan Army,and march with all fpeed towards Newcajile^not to offer 
injury^or moitftatiou to the KmgjfTltCS tValfnigbant^tbc cafe and purpofeofthepre ent 
Parliaments Army)<W that they might apprehend Piers bimfelfc, and iudge him according to 
tbeLawsenatied.Vihich when thcKing heard,he fled together with Pins toTyrnmotrttb 
and from thence to Scarborough C ;/r/t\ Where Pars was forced to yeeld himieIfe,upor« 
condition to fpeake but once more with the king. And then carried to WarwhkjCd.- r . 
ftle, where he had his head ftruckc oiF 3 at the command, and in theprcfence of the ^cbvut 
paries of L mcafa^arwkkjotd Hereford-j as one ivho had bcene a fulvertcr oj il\ Lawes, r.f^o. r/57. 
and ail open Trayior to the kjngdume^nd that without any yt did all proceedings or trial! of his {hi)WAlfinJiifl. 
P ceres, th mgh an Earlcutndfi dear? a Favorite if the Kmgs. Which bred a lading hatred be* ?- 9°* w 1 1 °- 
fatten* the King and his NobtotWho being afterwards charged by the King in Parlia^ *?" ""&'*' 
meatwith their contempt r.gain!l h im,in the fpoiles committed by thtm uNiwcsfik^ s\eM ffift. p. 
anlwick-Jl; killing Biers: they itoutly antwered, That thy bad not offended in any 674. u 6 8 3. See 
tipini \ favour, for that they bad net gathered force again (} him^ but a- Fibi*** Mim. 

g ii ke enemy ef the K e time : And then obtained an- All ofVardon that no man ? J /* 7 ^"'" ^ 

Jbottldhe fyeflionedfii Gjveftov* retntne or dea:b, printed inoldQg) Magna Charts,. . CtumDmel 
Not long after, this unfortunate King doting upon the two (h) S&encert as xnucli in his ike. 

C-3 j ^ *s- 



zz 



The Treachery and Difloyaky of 



as ever he did on Gavefton, to whom they fucceeded, not onely in pride, rapine, oppref 
fion and intolerable infolencies, but even in height of familiarity and power with ihe 
King. So as they ruled and lead the King as they phafed, info much that no Earh, Baron 
orBipop was able to difpztcb any thing in Court without their advife and favour , which 
made them generally envied of all, becaufe they domineered over all . The Lords 
and Barons hereupon, confederated together to live and die fer juftice, and to their 
powertodejlroytheTraytorsoftheRealmc, especially the two Spencers-. And meeting to- 
gether with their forces at Shirborne, Thom.v of Lancafier being their Captaine 5 they 
tooke an oath to profecutc their deiigne to the diviiiort of fouie and body : Then 
they fpoyled thefe.Spencers and their friends goods, take their Gaftles by violence, 
watte their Manors through malice, flay their fervants, utterly omitting the ufuail 
Wayesof Law and equity, and following the impetuoufneflc of their minds they 
inarch on to Saint Albons with Enlignes <&fplayed, and fentfolemne meffengers to 
the King then at Loidm^ commanding him, not onely ta rid his Court , but kingdomeioo, 
of the Tray tors of the Realme , the Spencers, condemned in many Articles (which they 
had framed againlt them) by the Commonalty of the Realme, if he loved the peace of the 
Kingdome. And they further required the King to grant letters Taunts of indempnity, 
to themfelves and all Jitch as had bore armes in their company, that they fhould not he pu- 
mped' by the King or any other for their forep aft or prefent tranjghffions. The Kingde- 
nyed both thefe demands at firft, as unjuft and illegall ; rwearing, that he would 
nut violate his Coronation Oath y in granting fuch a pardon to contemptuous Delinquents, 
Whereupon running to their amies, they marched up to London, entred the City, 
and to avoyd danger, the King ('through the : §hteenes and others mediation) 'con- 
descended to their denVes, paffing an Aft for the Spencers banimment,' and the Ba- 
(h) Pan. 2 /. rons indemnities ; which you may reade in ancient (h) Magna Chartaes. Upon this 
5 W * the Barons departed, neither merry nor feme, defpairing of the Kings Benevolence ^which 

made them goe alwayes armed, and to retire to fafe places. The King foone after, recal- 
ling the Spencers, reverted the fentence againit them as erroneous, gathers an Army, 
encounters and defeates the Barons, and puts many of 'them to death by thefe 
Spencers procurements; who not content with their bloud, procured alfo the conffcation of 
their goods and inheritances : Whereupon getting into greater favour and power then 
before, puffed up with their good (uccefle and new honours, they difcontentcd not 
onely the Nobles, but §hteem too 5 who going over into France with herfonne, the 
Frh/ce,(wh •fellies theft favorites attempted) She raifed an Army beyond the Seas, 
and returning with it into England, mc&. of the Lords and Commons refbrted to 
her, and fell off from the King : who being deititute of friends and meanes,deman- 
ded afManceof the City of London, whofe anfwer was ; That they would honour 
with all dirty the King, the 6)wne and P since, but would put their gates fgxinft Eoreiners 
andTrayiors to the 'Realme ^ and with att their power wzthft and them. And under the 
mmtot John of -Eltham the Kings (econdfonne, whom they proclaimed Cuftos of 
the City 8c of the Land, they got the Tower of London into their porrclIion,placing 
anddifplacingtheGarrifon and Officers therein as they pleafed.The King hereup- 
on (after he had commanded all men to dproy, and l$l the Queenes partakers, ?ione ex- 
cepted but her fife , her fonne, and the Earle of Kent, and that none upon paine of death, 
and lofe of all that they might lofe , jhould aide or ajjift them> and that he pould have a 
1000. 1. who did bring the Lord Mortimers head) fees to Triftul^ in the Caftle where- 
of 



Tapijis to tbeir SoTrtratgnes. 2 5 



of the elder Sftn tf was taken by the gleams Force?, and without any formal! try- 
all cruelly cut up aliie, md qu.irto\d\ being firji at the clamntrs of the people, drawnc and 
hawed in hn proper armour upon the common Gallowcs without the City : After which 
the King forfaken of all his Subjects tiics into IV ales for (heifer, where he was taken 
priioner,and then by his Lords and Parliament forced to refgne b'psCrow?ie U hi* fon 3 
COakSinfLy^hatfif b*t many fins be was fallen into tbii calamity, and therefore had the 
lefje catije to takf ** gricz-oujly : That be much farrowed fur this ; that the people of the 
hanjdwnc zpcjt fo cxafperated againfi him, that they from: d utterly abhor re bis any Ion nr 
rule a)id Soveni'jnty, and therefore be be fought all there prefent to forgize and fpire him 
being fo affiled : Soone after he wasnmrthered in Barley C iftle : And fh the pcl\ncffe, 
and wounds which the Common- wealth fuft a in ed by bis ill raigne, np-m the change of her 
fhjfuian^ recovered not o?iely health andflrcngtby hut beauty alfo and ornament ^ writes John 
Speed. 

After all this (i) King RH'W the fecond in the ninth yea re of his reigne funi- O^atfi^havt 
tnoned a Parliament, wherein Michael de la PWtEarle of Suffolk for cheating the ,,! " j? 
King was put from bis Lord Cbancellorfiip of England by the Parliament, and the Scale N eM 3r. p. 
tak'.n from him igainji the Kings will , and giieu to Thomas Arundell Bijhip of Ely • M i j8, Spe d 
\V hereupon both the Houlls gave halfc a tenth and hal'c f fiftcene, to be difpftd of Hl ^- P74'* 'o 
as the Lords though: fit, for the defend of the Retime. The Parliament was no fooner *f \ **° %"£' 
diflblvcd, but the King recals de la Pole and other ill Counsellors to the Court, (hew- p^lLn, \ ■ 
ing them greater favour then before : In fo much that at Chrifimas, the King made Tmjfell^nd 
deli Pole ft at bis orvne task, not inthenfuall garment of a Pc:re,u:ti of a Trine., out of ft 
ftomakc indh i.rci ijjin<} ih: Pce.\c, wham from thenceforth he nczcr regirded but feU 




agreed upon hv the King and that ill-chofen Senate was, fi :ft,to have the opinion of 
all the c hi etc lawyers- (who faith Speed, feldome faile Princes in fitb titrwj*) ccmcev- 
ntog cci tainc A: 'tide-' pi Treafon, within whole nets the}' pre limed the reforming 
Lords were; and if the lawyers concluded thole Articles contained Treasonable 
matters, then umdera {bevy of ja Ike they fhould be proceeded againit accordingly. 
The Lawyers (who were the very men, v. hich in the tilt Parliament, gr»ve a. 'vice ro 
the Lo ds to do a S they did)no\v mec i;u. were demanded : Wli, thr hy the Liw of the 
■i^the King.msft not d>) u.uj the T-. ■ Thev jo yntl v an- 

iv/ered, i * -:i 'tbel ■ r.\-e.- ; (a moil apparent crrour) conftffmg; 

thu intent decreed Mart) thlnqs, and giz\nthe':r judgement J 

all ivv accord:. t;-t > l. v-\-~. b'.cr . . ■ . ik .' daw full. The King 

thus informj.Lappointcth a great Council at Xottin^ham^ and withall lends for 
the She. '."ic; of Shires,:o niiic Forces again'i: the Lords- who denyed, faying, thai 
they co*ld not raife any competent fortes rr Annes a?ain\\ them^ the tfiboh C 'unties were fo 
addicted to their favours-, and being further willed • to (nffer no Knights to be tl 
for their Shires, but fuzh as the King a?i dins Conn :eli fhould name 5 they anfwered- 
the eUtii'K belonged to the Commons y who fazo.xd the L«rds in all, and r.\-u!d liepc their 
ufuall cufiomes^ (a good precedent for our prefent ^heritlcs) whereupon they were 
difmifled. Then were the Lawyers and Judges (Robert T refill m and his compani- 
ons) called before the King> to dercrmine the judgements of Treasons againihhe 

Lords 



2, 4 The Treachery and Difloyalty of 



Lordstobelegallandto (ct their Seales thereto, which they did : Meane time the 
King and Duke of Ireland, tent meflengers to hire what Forces they could, That they 
might fiand with ilxm if need were againU the Lords in the day of battle : * Many of which 
* Note thit* anfwered, that they neither could nor would ft and againji the Lords, whom they knew for cer- 
ta'mt intimately to love the King, and to endevour all things, fludy all things, doe all thin?* 
for hi* honour : yet many out of Simplicity >, thinking themfelves to be hired, promifed to bt rea- 
dy upon the Kings notice : The Lords hearing ot thefe proceedings were much (added • 
being confeiow to themfelves ofnogui't worthy the Kings Jo great indignation. The Duke of 
C/loceftcr fent his purgation upon Oath by the Eiihop of London, to the King ; who 
inclining to credit the fame, was in an evill houre diverted by ~Dc la Pole* The Duke 
hereupon makes his and their common danger knowne to the reft of the Lords: up- 
on which they feveraily gather Forces, that they might prefent their griefes to the 
King ; How he favoured Traytors, not onely to them, but to the Publique, to the 
imminent danger of the Realme, unlede it were fpeedily prevented. The King on 
the other fide (byTrayterousCounfelloursadvife) fought how to take them off 
iingle, before they were united : but invaine, by reafon their party was fo great* 
Meane time, fo me peaceable men procured, th.it the Lords mould repairefafe tj 
Wefiminfier^ and there be heard. Thither approaching,they arc advertifed by Come, 
(who had fworne on the Kings behalfe for good dealing to be ufed during the in- 
terim j that in the Merges by Cbaring-Crofje, a thoufand armed men ("which with- 
out the Kings privity Sir Thomas Trivet, and Sir Nicholas Brambre knights, were re- 
ported to have laid for their deftruction) attended in ambufb. The King fweares 
his innocency, promifingiafe conduft to the Lords li they would Come- who 
thereupon came ftrongly guarded, and would truft no longer. The King fitting in 
Royall State in Wefiminfler Hall ; the Lords prefent themfelves upon their knees be- 
fore him : and being required by the Lord Chancellor ; Why they were in warlike 
manner aflembled at Haringgye Par^e, contrary to the Lawes? their joynt anfwer 
Was : That they were affembledfor the good of the King and lyngdome, and to weed from a- 
bout him,fuch Traytors as he continually held with him - y The Traytors they named to be- 
Robert deVere, Duke of Ireland-^ Alexander Nevill, Arch-bilhop of Yorty - Michael 
dt la Pile, Earle of Suffolk^- Sir Robert Tnfilian, that falfe Jufticiar; Sir Nicholas 
Brambre, that falfe knight of London, with others : To prove them fiich, They threw 
downe their Gloves, as gages of challenge for a triall by the Sword. The King hereupon re- 
plyed, as knowing they were all hidden out of the way $ This fiallnot be donefo, but 
at the next Parliament ( which (hall be the morrow after Candlemas) all parties fhall 
receive according as they defcrve. And ?iow to you my Lords ; How orpy what authority durft 
you prefume to levy Forces agaiufi me in this Land ? didyou thinke to have terrified mee by 
fitch your prefumption 1 Have not J men and armes, who ( i r it plcafed me) could envirori 
and kill you like jhecpe ? Ccrtainely in this refpeVt 1 e flee me of you all no more than of the ba/efi 
Scullions in my kitchins. Having ufed thelc, and many like high words, hetookeup 
his Unckle the Duke from the ground, where he kneeled, and bade all the other 
rife. The reft of the conference was calme, and the wholedeferred till the next Par- 
liament, then fhortly to be holden at Wefiminfxer. In the meane time (that the 
world might fee, how little able the King was to cquall his words with deeds ) a 
Proclamation was fetfjrth, in w!f ch the King (before any tryall ) eleareth the 
Lords of Trcifon., names tho e perfons for unjait accufers, whom the Lords had 

before 



Papifls to their SoVeraignes. 2 * y 



before nominated. The Lords nevcrthelefle thought not good to fever thcm'elvcs, 
but kept together for fare of thcworlt- which fell out for their advantage : Ro r 
the Duke ot Ireland (with the K: ;ty, fuch was his folic ditfimulationjlvd 

gathered a power In WaU r, and Cbejbirt : which they intercepting nearc BttrfordwA 

c, leader oftheC&Jfc/remen, and made the Duke 
to Bye in grcatfeare. Among the Dukes carriages v/af. found (as the devil!, ornn 
thci >uld have it) ccrtaine Letter^ of the Kings to the laid Duke, by which 

ir Connie plaincly difcovered. The Lords hereupon march with fpotd 

up to London, having an Army of forty thoufand men, the Lord Mayor and City 
doubtiull whether todifplcaie the King or Lords, upon confutation receive the 
Lords into the City,and (upply their Army with pruvilions in the Suburbs^Which ¥ 
the King hearing of, icetned to {light them, laying- * Letthtm !yc here tiUtbejbaik ri j^ 
JppU all tlscir goods, and then they will return? poore and empty to their houfes,and thai I ft nil f i 
Jf eaki with and }udgitkem one after another, The 1 .ords hearing this, were exceeding- 
ly moved, and (wore, They would nczcr rem >ze thence, tilitheyh.yl fpokeii with him face 

And forthwith font fome to guard the Thames, lclt the King mould flip out 
of then hands, and thenlcorfc at them. The King being then in thcTower, and 
feeing himfelfe<cvery way cncompaifcd,fent a melfage to the Lords, that he would 
treat with them ; who thereupon denied him, T hat he would come thenext day to Weft" 
minfter, where they would declare their defre to him : The King rcplyed,T/.u? he would not 
treat with them at Wcfiminflcr, hut in the 'Tower. To which the Lords anfvvered, That 
itwna Qsfpiciow place % becatife traines might there be -laid for them , and danger J prepared 
to difiroj tl%m • Whereupon the King lent word, They fliould fend thither two 
men or more, to fear h audiieiv all places, left any fraud fhcti Id Ije hid. Upon which the 
Lords repaired to the Tower, and in the Kings Bed-chamber,laid open to him brief- 
ly, allhisconfpiracy, in caufing them indirectly to be indicted 3 They objea to him 
his mutability, and underhand working, producinghis own Letters to the "Duly of 1 rcl 

-: Army to deftroj them; together ivitb the French fa hgtJ tbij had irt'rccptcd;wberc- 
by it appe 1 id fccretly praetijed to fly c with the Duki of Ireland into France^ to delh 

up Call ice to the French Kings p iffejjion, and fuch pieces as the Crowne of Fng ' md held in I I 
farts • wbtreby bis honour might diminifly, his flre?igth deciy, and his fame perijh. The 
King feeing this, knew not what to doe, especially bccaule he knew himfelfc nota- 
bly depreffed. At lait craving leave, they left him confounded and (bedding icares, 
yet upon condition, that he mould come to TFeflminfter the nextd^y, where hec 
(Bould heare more, and create of the necelTary affaires of the kingdi ;ic • Which lie 
promised to doe, retaining thcEaileof Darby, to fup with him. But before he 
went to bed ( O the hcklenefle of weake Princes, and taithlefleneffe of their royall 
words and Protections \) fomewhifperets telling him, that it was notd centra fe. 
nor honourable for the King to goe thither, he changed his refoluticn. The N 
bles hearing this, were very lad, and difcontented, and thereupon (ent him word, 
That if be came not quickfly according to appointment, they w 

ild and Jhmtd obey the Counfeli of his Peeres. The King lrrucke with thfe 
dart, came the next day to tytflmtnfler, there attending his Nobles pleasures. To 
whom ( after few difcouries) the Nobles faid ; That for his honour, and the benefit &f 
}>is kingdome, all Tray tors, whifperers^ flatterers^ eiill inftrumsnts, Ponderers, and unpro- 
fitable pec f ens fbonldbe banifbed out of his Court and company, and ethers fnbflituted in t>\ i 

D plae /, 



2 6 The Treachery and Pi/loyalty of 



places, who both kuiw bow, and would jerve him more honour ably and faithful "y. Which 
when the King had granted (though with Covvow) they thought fit- that Alexan- 
der Nevill Arch bijhop of Tor ke, John For dh am, Bifloop of Durham, with fond ry other 
Lords, knights, and Clergy men mould be removed and kept in ftrait priibn, to an. 
fvver iuch accufations as (hould beobjected againft them the next Parliament, Where- 
upon they were apprehended forthwith and removed from the Court : After the 
fe.\H ofPuriji ation, the Parliament (much againft the Kings will, who would have 
fhifted it offat that time ) began at London. The firft day of the Seflion, Fttltborpe 
and all the reit of the Judges were arretted, as they fate in judgement on the Bench . and 
molt of them fent to the Tower : for that having prft over-ruled the Lords with their 
Counfels and direUion, which they ajfured them to be according to Law, they afterward at 
Nottingham, gaze contrary judgement to what themje'ves had determined formerly, Trefili- 
an the chiefe Juitice prevented them by flight, but being apprehended and brought 
backe to the Parliament in the forenoone, had fentence to be drawne to Tiburne 
in the afcernoone, and there to have his Throate cue, which was done accor- 
dingly. 
* Graft.p 34 8 » The King feemg theft proceedings^ advife of his ill Counfellors,* absented him- 
34?.«WS f - felfe from his Parliament, and fcnt Michael de !a?ole then Lord C b ahc eH or ^'to. demand 
fiurefifteenes in his name, of the Commons, for that without leffe he could not maim aim bit 
tftate and outward warre. To which the body or the Parliament made anfwer • that 
without the King wereprtfent, they would make herein no anfwer • and thatunleffe the King- 
would remove him from his Chan ellorflnp, they would no further meddle with any A & this 
Parliament, The King upon this lent to the Commons^hattky-fraTtldfend to Eltham 
(where he then hy,) 40. of the wifeft and beft learned of the Commons, who in tlx name 
of the whole Houfepou/d declare unto him their minde,, Upon which meflTige the Houfe 
were in more fear e then before; for there went a talke, that the King intended to be- 
tray divers of them t which followed noi his m'mde^ either that way r ir at a banquet appointed to 
be made purpjfe'y at London, if Nicholas Extonf/x Mayor of London would have con- 
fented thereunto ^ at which time the Uuk^ofGlocetierfbouldbave beene takeji. Wherefore 
the Lords and Commons affembkd together, agreed with one adent, that the Vuke I 
efGloceflcr, andBifbop ofEly,jhjnldin the name of the w'-olt Tarliament be Cent to the Kin* 
to Eltham ; which was done,and the King well pleafed that they (hould come. When j 
they came into his prefence they moll humbly fdiited h : m, and (aid. cc Moft high j 
"and redoubted Soveraigne Lord, the Lords and Commons of this your Parlia- ' 
cc ment affembled, with moit hunible fuhje&ion unto your moft royal) Majefty, de- 
ic fire your mod gracious favour ; fo that'they may live in tranquillity and peace un- 
<c der you, to the pleafure of God and wealth of the Realme. On whofe behalfe we 
<c alfo (hew unto you> that one old itatute and laudable cultome is approved,which 
* no man can deny ; Thatthe King our Sovcraige Lord mayoncein theyearelaw- 
<c fully fummon his high Court of Parliament, and call the Lords and Commons 
,c thereunto,as to that which is the higheit Court of this Realme: In which Court 
iC all equity and juftice mull (bine, even as the Sunne when it is at the highe(t,where- 
"ofpoore and rich may take refrefhin* : where alfo mult be reformed all the op- 
"prelfions, wrongs, exactions and enormities within the Realme, and there to 
" confult with the wife men for the maintenance of the Kings ellate. And if it raieh 
<c b^ knowne that any perfons within the Re.ilaie or without intended the contrary 

then 



Tapifts to their SoVer clones. % 7 



u there alio mult kd-viL-d howfadi cvill weeds mighc be d [.There a J 

"bcltudycd and loro'ecnc, that it any charge dot come upon the King an, I his 
u fVcalme, how it may be well and honourably Supported and .u rained. HjthertO 
"it is thought by the whole Kealnic, that your Sul je&s have lovingly demeaned 
fc themfc!ves to von, in ayding you with fubitance to the beit of their powers ; a;id 
" they deiirc to have knowledge, how and by whom thele goods be (pent. One thing 
"rctdh \ ct t > declare in their bchalfe unto you: * how that by an old Ordinance, * N 
"they have an Aft, if the Kins, absent hinsfelft forty dayes not being lickc, but or" ThcK 
cc hfs owneminde (not heeding the charges of his people, nor their great paines) rilol,lah ) 
cc will not retort to his Parliament ; they then may lawfully returne home to their J^!"!. ,V< . | u 
u houfes : And now Sir, yen have beenc abfent a longer time,and yet refbfe to com ; fort) 4ivc$. 
amongtt us • which greatly is ourdiicomfort: (And our Parliaments prefent cafe.) 
To this the King a niwered by thefe words : Wetl y we doe ctmfider thai tbepeefte and 
Commm: dg ib:f us • whirefore we thinke ive can die no Utter than to asfo .i\ dc M 

ourCofn. I b King, and rather jubmit us tnhim, than to our owne Suljcftj. The 
] ords anlwci td : Sir, that Counfell if not befl, hut a way rather to bring you into dan 
For it y< wJtgowne y that the French King is your ancient in: my , and your grenteft ad 
firy: arrfjfke fit foot once withiny our Realme, be will rather difpoyleyou, vktadej .u^ind 
dtpofe you ffoM y >urefi,tte Royally than put any handtohelpeyou^ &c. And as thai K 

* th it hath rich people ; Jo cannot he he rich that hath poore Cornm m/. And all 
by the evil! Cttunfcll which are about yon. And if you pit: n 4 \ 

'm^bandtotberedrejfieftbepfemifej^ this Realme of England jbaS be brought to v. <i> 

j which dearely fl.'ou a be laid toycur dfau >, and inyour cvill Cnunfel! : See- 
ing th il in the time of your Father ^ this Realme throughout all the world was highly effl$'$m'\ 
*nd notbin * ordered after the'e wayes. Wherefore we befent unto you to exhort j // 1§ fa Better 
all Qtch per f us as might be the occafon of mine either of you or elfe of your Realme* By their 
good perfwadons the King was appealed, and promt fed within three dayes after U come 
. \ fr tmentj and to condjeenn U their Petitions ; And according to bis appointment he 
came. Where (bone after John Fordhim Bithop of "Durham, was dii charged of the 
TreaftrOUrfhip, and the Bifrop or Hereford fet in his place, * Z\ la felt was put from * J * 
his Ghancellourfhip for dive scrimes, frauds, briberies and treasons, bv him com- ^'. ■<■;./». 14% 
nrtted, to the prejudice of the Kins; and his Realme, committed to the To-,er, and *. ~ V ' ' ^ 
fined twenty thooiand M the King, in relieving of the Commons: Divers 

other Iude?s,knights.&: Delinquents of all i^rts were cor/dejuned,& ex; -cut: 1. others 
baniihedand their itate? con bleated ; others put out o. O. ice by t^is Parliament, as 

i may read in ourHiitories,and in the (J^StMttteJ at lanyt : in which Statutes the (K - 

ntilchicvou? effects of thefe evil! Counfellors to King, kin d and pcop'eare [ ,I< , 1 

at full related, wherebv the King and all his Pvcaimc were \, u to have beene V " 

Hy undone and deuroved : the Lords railing of Force » :aln;t them refbjved ro 
b: I nvhiil; and the L- tray^ovbus Dellnq&ents mad: nnc^peUe of any pardon • (/) ^ tC( 
and their railing of Armes a^ainft the Parliament and kingdomc,(thom;h with the P 
Kin^sownccon.entand his con.mand j declared and enaftedxc he hi 
Th <e proceedings im t i red to in Parliament by the King, ? Houfcs, 

•'• / /, Wrouefct an intolerable fecret hatrrd and de .ire of revenge in his heart \- l 7«i 6 4 
Cairj'tthe I -r v.wnz okpowet he concealed n:a:e ten ycares i)\\cc • but 

in Lhctwcn:yrth yeaie of his rVeignfe^being fomewhat elevated in I 

D 2 rumour 



2 8 7 be Treachery and Dtfloyalty of 

rumour thatbeftoouldbe elected Emperoitr • he fuddenly apprehended the Duke of G/o- 
cejfcr, the Earles ott^arwicke and Arwidcll (the chiefe iticklers in the premifes)con> 
nutting them to fcverall prifons : And to blinde the peoples eyes, left tbey fiould rife tip in 
Armes to refine the fe Lords ; the King fent out a ieigned Proclamation, (which he 
eaufed to be proclaimed throughout the RealmeJ that thefe Lords were apprebended only 
for new Ireafons committed againfthim,for which be would profecute tbem in tbe next Parlia- 
ment, and notjor tbe old trefpajjes : After which he proclaimes ibofe Lords Traytors. 
if „ W hich done he fummoned a (m) Parliament at Weftmbifter, to this Parliament the 

&cMi.SaW ^ m § commanded to come all fitch as be bad bcfl confidence in, omitting the reft • and the 
Johns Speech, Knights we re not elefted by tbe Commons* w cuftome required tbey fixmld be, but by tbe King » 
J64Q.P.21.1 B. pfkafure^ yea,fce put out divers perfons cleft ed, and put in other in tbe ir places to ferve im 
4.^.21.21.48 iHfm .^ w hich was one Article objected againft him when he was depofed. Againft 
the time of this Parliament, the King received a guard of 4ooo.Archers, all CbeflArc 
men, as if he would hare gone in battle again it enemies, fo that divers came armed 
to the Parliament out of feare. Thefe Cbefbire men Were rude and beaitjy people, 
( ?o As the Ca- anc | fo p roll( j f tne Kings favour, (n ) that they accounted tbs King to be their fellow, and 
' fet tbe Lords at nought, though few of them were Gentlemen, but taken from the 
Plough and other Trades. After thefe rufticall people had a while Courted, they 
grew fobold, that tbey would 'not let 7ieither within th: Court nor without to best and flay 
tbe Kings good Subjeft, ( a s the Cava Iiers doe now) and to take from tbem their viftuals 
at their pleafure, paying Utile or nothing for them, and to ravifb their wives and daughters : 
And if any man prefumed to complaine to the King of them, he was foone rid out 
of the way, no man knew why ,nor by whom, fo thatin crTecl: they did what they 
lifted. In this Parliament the King bavingmade the Speaker, and agreatpartofmerci- 
nary, proud, ambitious men of 'tbe Commons Houfi \ to be of 'bis fide, to aft what he required 
tl.Km ; he then prevailed likewife with tbe Upper Houfe, first with the Prelates, then with the 
Lords j more out of fare of him, then any reafon • by meanes whereof the Commitfion, 
Charters of pardon,and Acts made in Parliament in the Io, and 11. yearcs of his 
Reigne were quite revoked and declared voyd in Law, as being done without authority 
an 'd again ft the will and liberty of 'the King and of 7zV Crown \?\ And withall they declared 
tbe Judges opinions for which they were condemned in that Parliament, to be good and 
lawfull, and attainted the faid impri fined Lords of high 7 'reafon, and confiscated their lands. 
The two Earles hereupon were beheaded,and the Duke ( by reafon of his populari- 
ty) fent over to CaUice,and there by Hall and others fmot her ed, onely for their for- 
iner actions ^ which done, the King adjourned the Parliament to Shrewsbury where 
r o)nR.c 12 ^ e fobtilly procured an (V)A& to pafle by common con fent, ihat tbe power of the Par- 
liamaitfiould remgine in f even or eight perfons, who (after tbe Parliament diffolvcd) fimdd 
f . determine cert a'me petitions delivered that Parliament , and not difpatcbed. By colour w hcrc- 

if-i^AHst °^> C/ 7 ^ Ihoje Committees proceeded to other things generally touching tbe T arliament, and 
3. Wai [fin. hi ft. that by the Kings appointment, in derogation of tbe fiate of the Parliament, tbe difcommodity 
■Ang.An. 1 598. and pernicious example of tbe whole Kealme : And by colour and authority hereof, the King 
£.394. Or often, caufidihe Parliament Rols to be altered and defaced, again ft tbe ejfeft of tbe forefaid grant, 
£r mjbea. After which he much vexed and opprefled his people with divers forced Loanes, 
Oathes, Impofitions, and opprefling Projects to raife money, feeking to trample 
them under his feet,and deftroy the Realme, and tookeall the Jewels of the Crown 
with him into Inland, without the kingdomes content. Which rendered him fo 

odious 



<Papifts to their Scfreraignes. 2 9 



■uS to his people, that Henry Duke of Lancajhr 9 landing in England, the whole 
kinidomt b ayJeyJbtkat.be bad an Army of 60000. men piajbert tarn 1 

■utc the King? ill Counjcllours. Whereupon King K/VAi/v/ returning 
OUtof Ireland^ hearing of the Dukes great Army aflembled againll him, and know- 
ing that they would rather dye than yccld, out of their hatred, and fcarc of him, 
he difmilTed his Courtier?, hiding obfurcly in corners till he was apprchended 3 and 
by a Parliament fummoncd in his name (though againil his will) judicially depofed 
fur his nrifgovcrnment. 

Among the Articles exhibited againft him in Parliament for his evill government, 
for which he was by icntence dethroned, thefc are remarkable. Firft, * That bee + Graft, p. 419 
rvajl fully fpem the T rcafitre of the Realme, and hid given the pofefjmns of the Crewne to men 4° 1 1 4 o * • S; c . 
1 ortby, by reafin n here*} daily new charges more and more, were laid on the mcl^s of the J ' "£' .'■>". 4=5, 4 6 
Comm m tltj . And when divers Lords were appo'mted by the high Court of Parliament 47 * 
to commune and treate of divers matters concerningtbe Common-wealth of the fame^ which 
\g bufe about tbofe Commijjions, he with other of lis affinity we?2t about to impeach them 
of high T reafin, and by force and th reaming, compelled the Jufliccs of the Rcalme at 
Shiewesbury, to londefcend to his opinion, for the defiruUion of the j aid Lords; In 
fomuch thac hee began to raiie warre againlt John Duke of Lancaster, Thomas 
Earle of Arundell, Richard Earle of Warwicke* and other Lords, contrary to his 
honour and promife. 

Item, He ajjembled certaine Lancafhire and Chcfhire men, to the intent to make war re 
§n tbeforefaid Lords ; and filtered them to rob and pillage without correction or reproofe. 

Item, Although the King flatteringly^ and with great dijjimulat ion made Proclamation 
throughout the Realmt, that the Lords before namsd/vere not attached fir any crime of Trta- 
fin, but mtlyfor extortions and oppreffions done in the Kealmc,yet he laid to them in the Parti* 
anient ^rebellion and manifefi Treafon, 
[ten*, He bath compelled divers cf 'the fa'id Lord 'j fen- ant s and fiends, by menace and ex- 
Jo make great fines to their utter undoing. And notwitbfianding his pardon to 
them granted \y:t he made them fine of new. 

Item, That he\ tt out dh eri * Sbcriffcs lawfully eleeted \and put in their roomes, divers cf * ^' jte * 

wne Minims, fubverting the La%>,contr izy to his Oath and Honour* 
Item, For to fine his purpofe^be would fujfer the Sheriffcs of the Shire to remabic above one 

. or two. 
Item, He borrowed great fnms of money, and bound him under his Letters Patents for repay- 
ment of the (am:, md) el n </ one pi tmyp ticL 

Item, He taxed men at the Will of bkn tndbu unhappy Cotmfelly and the famel reafure 

: :•■ n ing .' • 'Y men for their viUu.iil and z land* 
Item, He find, 1 hat tlxLiwes of the Realmc wen in his head, and fometimc in hU 
■n ofwhi h pbantafticall opinion ^ be defiroy t d Noble men , and impoi erified the 
rons. 
Item, TbeParliament felling and exatting divers notableStatutcsfor the profit and advance- 
ment of the Commmwealtb, be by his prii ate friends andfilicitors, caufed to be enaUtcd-* That y Such a kind 
no Alt' then enaU edjbonld be more prejudiciall to btnh than it wjs to any of his Predecejjors, <* pforifa wai 
•'' wlthpr. vifo be did often as he lifit d.an i not & the Law meant. ^ n \\ l \ 

t a-/ 7 r • "• • r i i -r / »» ' r r r f DC added roH.C 

Item, 1 bat he at Ins going into Ireland, exacted mayiy notable \ummes of money y bejidcs p cnr ;©n of 
Plate and Jewels, without Law or cuflome^contrary to his Oath taken at hh Coronation. Rigty>3 C 

D 3 Item, 



5 o The Trtachery and Diflojalty of 



\tcm,That wit-hunt the affent of the Nobility, he carried the Jewels, Plate, andTrea- 
fare oj r the kingdome over 1 be Sea i;^r> Ireland , to the great imptrverifhing of the Realme, 
And all the good Records for the Common-wealth, and again ft hit extortions _, he privily cau- 
fed to he imhezeled and conveyed away. 

Item, When divers Lords and Jufiices were fworne to fay the truth for divers things to 

them committed in charge both for the honour of the Realme, and prof t oj the King,th% 

faid King fo menacedthem with fore threatnings, that no man would, or durfi fay tfje right. 

Item, He mofi tyrannically and unprincely faidy that the lives a?id goods of all bis Suh- 

jeUs were in the Princes hands, and at. his difpofing. 

Item, He craftily devifed certaine privie athes , contrary to the Law, and canfed di- 
vers of his Subje£Zs,firft to be fworne to obferve the Jame 5 and after bcttndthtm in bonds for 
the firmer keeping of the fame, to the great undoing of many honeji men. 
(?)i#4ci. Which how parallel they are to the late and present Court Pra&ifcs, and Do- 
r.'wtr h ft ^ r * nes ofour times, let wife men determine. The King being thus Judicially dethro- 
AngU p.\i.6* nec * m P ar li a nient 5 Henry the fourth by the fame Parliament,(which continued nct- 
41 7. Tpodig.p. withstanding Richards deposition who fummoned it) was created King, who in the 
168. 1 70. PoL (^) firit Parliament of his Pvaigne, reverfed, and annulled as illegal!, the Parliament 
/.S.c.iaCw/oR oi 21 Ri hard 2. with all its A&s, Circumftances and dependants ; and revived that 
?'* 5 ? f a < Jqi of 1 1 Richard 2. in all points, as made for the great honour, and common profit of 
p.Si9.Speed,p. this Realme. To thefe I might adde the (r) Rebellious infurre&ions of Ri hard 
775. Martin Scroope, Arch-bifnop of Torke: f the Earle oi Northumberland, and their Complices, a- 
Fab Graft, and g a j n ft King Henry the fourth. Anno 1405. to reforme the State and government, re- 
gthers. Fox *8' jieve the Church and Common-weale , and Depofe King Henry in and by a forced 
676^677 679. Parliament. The (.r) infurrectiou of the Popip Nobles againfi King Stephen,j7;r v'iota- 
Truffei* p.74 ting hi* Oatl.i, touching Forefts, and other immunities of Church and Common-wealth, 
75. which they- would force him to confirme^ the feveraH (V) infumzBicns of Jacke Cade, 

(s^Spee.p.4%6 Jacke Straw, Wat Tyler, and their Popifti V. Igar rabble, to force their Ki?ig to call 
IttwfftneHft Parliaments, to alter and repe ale old Lawes, enact ?iew, difylace ojfenfive great Officers, pro- 
Mgl.p.2fS ti mote new ones of their nomination, to ratifie what propositions they required, anr' fnbvcrf 
281. Speed p. the government of the Realme : with the (n) feverali Rebel! ions of the P>pifh Lincolne- 
$49- 6^.734. jbire and Torke-fcire men, under Do&or Machrell, a Monke, and feme men of quali- 
()' Sp ed l Y ln Henry the eighth his raighe ; Of the Cornfh men, Norfolk^ men, Kent, and others 
1031 to 1049'. in 'Edward the fixth his Pviile ; of the Popifb Earles of Northumberland, Wefiincrlmd, 
t 1 i2 r to i no. and other Northerne Papifts in Queene Elizabeths dayes, by force of Armes to compel! 
S:e Hall Graft, theje fever all Princes to fummon Parliaments to repcaleall Lawes agamfi Maffe kftdP<£ 
HottmfiJhwtt % an £ r or f fe e Q a ynQ ?m em of the Protectant Reliqion, with other Ails ctmcerninff the 00- 

Mamn. in the r. J * r 1 ^ >r etj- t j ^ ■ r+- ; . 

lives of A'. 8. vernment of the Common-weuth, to malt divers ?icw Lawes and proj options , which they 

Ed. 6. and Q_ demanded^ to remove oreat Offers and privie Counfellors from their faces, and the like. 

LUz. ' All which tranicend the A 6b and proceedings of this or any other our Proteftanf 

(x)Walfirhift. p Ar |j arnents orfub];cts, being done without any preceding Order or refolution of* 

*&zq ?o I 7 ' ^ ot ^ ^ OH(es 3 repreienting the whole kingdome, and againil the general! confent of 

4i,44 \*.Y?o- the people* But I (half conclude with one ancient precedent more, rn one of our bci\ 

&4 na v /? j>. Kings reignes 3 In 25 E. !• (.t) The herds and Commons in Parliament grievoully ccrn- 

8 ?5*4,3)%8% planed and Petitioned to the King\agav$ divers taxes, tallages, and pn ''faces wherewith 

^ 7 £'**•% thy were-oppreffed by him,lothe ore at impoveriff'mg of the faalm • again]} the violation 

550. : ^X* fy' Mugna Charts, the Chrrter of the Forefi^ibe vmpo film upon W r ools,a?id their finmmons 

n 



Tapt/ls to tbtir SoVeraignes. ^ I 



totpewVb hi .'anders, to which they I bound LjLnv. The , (i . 

fingthel \y reafont tffity t§ maiutavu ti , and giving them a dila- 

tory antwer; th ///, and Hereford withdrew themfelvcs horn Parlia- 

ment) and with their compliccty eommamka the uernotto evie the 

th penny of t/x people, granted to the King at Saint Edmonds^ and induced the Citi- 
ion to joyne with them to reenter their Liberties. Whereupon the King 
(ending to them For peace, they would condefcend 10 no peace but on theft termes* 
That the King putrid conjirme Lftfigna Chart i, and Chart a de Furefta, with the other Ar- 
ticles to them annexed 5 that be fbouldexatt and take no aides, taxc, or tallage from the 
Clergy or Commons without their common con fait in Parliament, and that be fljoitfd remit 
4.7 offences to thefi Earles, and their confederates^ all which the King ratified by his 
(y) Charter at largely his oath, and by a folemne excommunication of the Bifbops 
twice every yearc , of all thofe who mould tranfgrefle this Charter of his- For P CUnM - 
which the Laity pave him the ninth,and the Clergy the tenth penny of their goods. 
And because this confirmation was made in Scotland, the Kings, and divers others 
promifed fur him, that be fiottld conjirme it when he came into England , which they 
•prdfing him to doe in a Parliament at Lmdunjn the 27«yeare of his reign :aftcr fume 
defies, he ratified it with this addition in the clofe; javing the right of ourCrowne, 
which vvhentheLords heard ,fhcy departed home in great difcontentfiut the King re-fum- 
moningthemat qnindenaP afebe , granted all things ahfolutely according to their defire 
committing the per- ambulation of the Forelts throughout E^AWro three Bifhops 
three Earles, dnd three Barons, to fettle their bounds according to God and juitice: 
which not being fpeedily executed, but neglected (the King having purchafed a di- 
spensation of his oath, wherewith he had ratified his forefaid Charter, from the 
Pope) hereupon the King holding a Parliament at Stamford,t\\e 2p.of his reigne, the 
Lords and B irons rip lirfd thither with great fore ofborfes and 'Arms, with a purpofe to extort 
a utll execution of the Charter of the Forefts hitherto deferred : upon which the Kinsr-con- 
iklering their carneluiede and importunity, condef ended to their will in all things. 

Mv, n arliaments, Lords and Prelates, in former times have affirmed • that 
when a Parliament was once met together by I aw full fnmmons,it might not be diffelzeder 
difcontbmed igtine at the Kings mtere fh xfure, till all the piblike affaires for which it 
wx called were difpatcbed, all grievances redreffed, and all Petitions exhibited therein, ful- 
ly beard, and anj 
Co?: I din 

the Pope a 

all the Cbnrcbt 

to l>- ■• bairt 

the manner 0) | tents ih England : which infbrmes US • That the frft hiSwayv&e. 

ftbeParliam 1 mat ions ought to /., '■ the City or T owner) here Se &1 JtJQ. 

the Parli tmvit it \ept • That all thofe who ;vou'l deliver Petitions or Bifs to the Parliament ? m l ° 2 ' 
them in aeeri That h% Parliament frotrldnot depirtfo !o?i^ as any 

tbentohangeth una led,or at the f eafi to which there is not 

mile t determinate anfwer : the Kings Maffy being dtfirom if bU trace and favour to 
ghc 'ye& ireffeof any in)*ry^not to fiefferbb peoph ''fed. Hence de- 

the Parliament OUGHT TO B E in fab manner. Firftjj OUGHT 

TO 




The Treachery and Difloyaky of 



TO BE demanded,yea and publicity proclaimed in the Parliament, and within the Pal- 
laceof the Parliament^ whether there be any that hath delivered a Petition to the Parliament 
and hath not received anfwer thereto 1 If there he none fuchy it is fuppofedthat every one if fa- 
t'*sfyed,or elfe anfwered unto at the haft,So far forth as by haw it may be. And then all may de- 
part.Hcnce it*was,that in 2l2\..2.c.i6,i7,i8. ) i9.Divcrs Petitions not read noranfive- 
red in Parliament,by reafon of (hoitnefle of time,andnot determined fitting the Par- 
liament, were by fpecial Acts of Parliament referred to divers Lords and Commons 
' to examine, an fiver, and plainely determine all matters contained in the (aid Pe- 
titions, as they mould thinke beft by their good advife and discretion; even out of 
Parliament 5 which they heard and determined accordingly, and made binding 
Acts thereupon, asappearesby the Statutes themfelves. This Doctrine was very 
well knownc to King John, Henry the 3. Edward the 2. Richard the 2. Henry the 6. 
and Edward the 4. the Parliaments which opposed , and deposed mort of them (it- 
ting and continuing fitting, both before and after their depoiing, fore againft thei* 
wills,as the fore-remembred hiftories manifeit 5 elfe no doubt they would have bro- 
ken up all thefe Parliaments at their pleafure, and never permitted fuch Acts and 
Judgements to pafle againft themfelves. Favorites, ill Counfeliours^rctended Pre- 
rogatives, had they lawfull power to dilolve them, fummoned in their names, or 
the Parliaments actually determined by their depofitions, or resignations, as wefind 
they did hot, and none ever yet held they did. King Richard the 2. fearing the lofle 
ofhisCrowne, or fome reltraints by Lawes, in then, yeareor hisReigne. pro- 
(b)SeciiR.i pofed this que&on among others, to his Judges at Nottingham Caftle 5 whicli ( for 
ci 2. oughtlrinde) was never doubted before, (£) Whether the Ring whenfoever pleafeth 

him , might diffolve the Parliament, and command his Lords, and Commons to depart from 
thence or not ? Whereunto it was of one minde anfivcred , That he may : And if any 
would proceed in the Parliament againft the K'mgs wiH, he is to be f unified as a Traytor. 
For which opinion and others, fome of thefe Judges and Lawyers fas Treftlian 
and£/^e) were condemned of high Treafon the next Parliament, n R.2. drawn 
upon a Hurdle to Tybume, and there executed, as Tray tors to the King and Com- 
monwealth : others of them Q who delivered their opinions rather out of feare of 
death, and bodily tortures than malice ) were yet condemned as Traytors, and 
bammed the kingdome, onely their lives werefpared. True it is, that the packed 
and over-awed Parliament of 2\ R. 2.(terrifyed by the Kings unruly great Guard of 
Chefhire Archers forementioned ) 21 K..2. c 12. being fpecially interrogated by the 
King, how they thought of thele anfivers of the Judges, laid ; That they though they 
gave their anfwers duely and faithfully, a', good and lawfull liege people of the Kiii^ou^ht to 
doe : But yet the Parliament of 1 H. 4. c. 3,4. repealed this Parliament of 2 1 . R. 2. 
with all its circumltances and dependents, revived the Parliament of 1 1 R. 2. with 
the judgements and proceedings, given againlt thefe trccherous temporifing Judges, 
as a thing made for the great honour and common profit of the Ptealme. Befides, 
(e) Cooke p. the (c) Statutes of King Alfred, and Edward the 3. (which enact, that a Parliament 
Rep.f. 1 • in J he jjyjlj be holden once every yeare, and ofiner if need be, for redrejfe of mifchiefes and grievances 
Ep ' rt ^V^' i&kb daily happen') ft rongly intimate, thatifa Parliament ought in Law to be called 
r. 4.^ ,-..3. . aso ftenas needeis, of purpofe to red refit the Subjects grievances and mifchiefes- 
then it ought not in point of Law to be diflblved,till thefe gtievances,and mifchiefes 
be redrafted 5 eifethefummoningof it would be to nopurpoie, and bring a great 

trouble 



tPapifls to their SoVeraigncs* 2 2 



trouble and charge to the whole kingdome, without any benefit at ail • Morco 
(he Ring by bis Oath 3 is bound to doc equal] jufticcand right to all his Subjedsln 
all his Courts of jultice : In Mtgns Cbartmt. 29, he makes this Protefifttion^ H • 

iher Jitfticcor Right: and by fundry other (d) A '•■ 
tbt Kings Judges art frvorne and comMMtded) to doc even Larv and execution ef right to all Sur.j 
[is *t having regard to any per fin , and without letting or dc- c ' z ' 

ingtodot n my Letters^ Writs ^ or Commandements that Jhall come to them from 

' jh.ill doe nothing by vertut of them, but got forth udne the Law. 
and hold • . here the Pleat and matters he depending before them.,nnt- 

wkhftanding) asi h Letters, Writs, or Comman dements, were come unto tbem.Thc 

makers therefore of thelc Oathes and Lawes (in dayes of Popery ) and the Parlia- 
ments of 2 E. 3. c. 8. 14E.3.C. 14. 1 R.2.C.2. 11R.2.C.C). which enact, That it 
pat not be commanded by the great feale or little feale, to delay or difiurbe common right^ and 
inn vidments dot come ^ the. Jttft ices Jhall Mt therefore Late tj doe right m A- 
N T Y POINT, that Jujiiceand right be indifferently mini fired to every of the 'Kings ■ 

: did Certainely belceve, that the King neither by his great nor privy feale, 
nor by Writ or Letter could without juit or lawfull caufe afligned, prorogue or ad- 
journ* the Ternae or lifting of any Courts ofjullice, much letie prorogue or diflolvc 
his higheft Court, and grand Councellof the Realme, the Parliament, or difable the 
to lit to redrefle the kingdomes and Subjeft s feverall grievances, or fecure the Realm 
from danger- Which if he might lawfully doe at his pleafure, without the Houfes 
Joynt afifents, there would neceflarily follow, not onely a deferring and deniall,but 
likewise a fayler of Juilicc in the higheit Court of Juftice 5 which thele A&s difable 
the King (who is To farre inferior to the Law, that he cannot fo much as delay the 
frnalleit proceedings of it in any Court orSe(uon,byhis fupreame power, by any 
meanes whatfoever ) to eflfeft in his meaneft Courts, much leffe then in the greateft ; 
from whence theuabverfion of Lawes,Libcrty,]ufi:ice,and the whole P^ealme would 
en.ue. If any therefore cavill at the Act for continuance of this Parliament, till bfb 
H'u/esJJyjU agree to adjonrne or diffolve it • or at the Bill for TrimniaU T \trli.xmeiHs, which 
mtbentbey mtete 3 JbaU not be diffolved without their confents for fifty dajes (fact next after. 
their firtf meeting : Let them now learne, that this is no Innovation, nor encroav I 
menton theCrowne, but an ancient Priviledge of Parliament, both claimed, pra- 
ftifed, and refolved in times of Popery, in an higher degree then now it is. And 
thus you fee how in thefe particulars, the Popifh Parliaments, Prelates, lords and 
Commons in forme* times, have claimed and exerciled farre greater Priviledgel and 
Juiifdiftions, than this or any other Protectant Parliam.nt hath hitherto claimed, 
or pracYifcd : which I hope, will forever filence the clamourous tongues of all ill 
CounfclIourS; Courtiers, Royalitts, Maligmants, Papilts, and Cavaliers againit 
the preient Parliament, of whole highelt (yet moderate J proceedings, themfei- 
alone have beene the occafions,anchhcrefore (of all others) have leaii caufe to com- 
plains againiUhcm. 

»r # 3, 

Bu T to returne againe to the hrft grand Objection. Thirdly,I anfwer,that the The Pari. 
High Court of Parliament, and whole kingdome which it reprefcnrs, may in moitaiidJ 
divers refpects betruely and properly faid, to be the High ft Soverajgm power of aU 0- io ™f f £ 
werij ana al ore th King himfelft : which becaufe it may feme a dangerous p - . ) ,;! c l^ ri T Q 

E and 



34 1 hat the Parliament and Kingdomt 



and tends much to the vindication both of the Privikdges* Honour* and JurifdiUions 
of our High Court of par&tiqent, (now Co much, undervalued ..becaafe not really known 
to molt) and to the jurlincation oF the proceedings in this prefenc Parliament,which 
many out of ignorance and malice ib much declaimeagainft both by word and wri- 
ting, in amoft licent-ous manner- I 'thai! take a little liberty to demonftrate the 
truth ot it, by fuch convincing reafonsand Authorkies } as no rationall manf I hope) 
( \ Sec Cnm- ^ a ^ kcabk to coiKradic"t,butmnit neceflarily fubmitto. 

ptonr inr ifdifii- Firit, it is undeniable that (e) thcCourt of Parliament hath a I 'awfuU f orrery o quefei- 
et\ »/ Courts Tit. G n all the Kings Patents* Charters, Ccmmifjions* Proclamations^ Gratits* WarrantsJVritS) 
Parlian.Bncke an ^ Commitments wba i fever* whether t by be Legally yea to cancel! or reflate them in cafe 
nr **fEn ^ K y ^ ?e M e g a tt> mijch'uzQi'A) or onerous to the Subject *not onely without hut againfl the Kings 
c.S.i 7 \. ' confetti, and mandate to the contrary 5 asappearesby infinite precedents in this and all 
Chto.tf Ireland fo rmcr Parliaments, the fcourges of Monopoliits,Patemees and Projectors, the Pelts 
p. 1 2o. to 1 30. of the Commonwealth. The like power have all other Courts of Jmtice within the 
prTho.Smirb kingdome in Tome degree, when inch Charters and Writs of the King are brought 
&£iJ™c[i'X judicially before them, becaufe they are Courts of the Law* to wlveh the King and 
3. cmel fy a tt b'vs Aliions are and mufe befubjeff. Now that which can thus quelUon, cancdl,diA 
Mirf.Tn.Pir, anull, revoke the Kings owne Royall Charters, Writs, Commi (lions, Patents, &c. 
Can.B'i]>A77 though ratified with theGreat fc^lc and regall power, evemagainit hiswill, muli cer- 
tainely be a Soveraigne power and Authority, which in point of Law and Tuitice 
isfuperiourtotheKing. This isB^^»/rcfolution, /. 2. c. 16. /. 34. a, and Fie- 
taes I. T .c. 1 j. W 7 here they a ffirme, the Law and Tarliament to be abiivelbe t Ki??g*becauCe 
they may cenfure^judge, and refcinde the Kings Ads & Chartcrs,legalJy and judicial- 
ly, even -againft his penonall, though not legall Will, which- is tUeLaw. 

Secondly, Jtisunqueilionably true, that in- all cafes of difference betweene the 
King, and all or any of his Snivel:?, though they concerne the Kings Prerogative 
and the hi gh* ft branches thereof, the Parliament is thefupreameftand moil proper 
(f)Rex7tijufti. Juilge, and its refolution (from which there is no appeale to any higher tribunall) 
narcci ' pienda (hall finally binde not onely all the Subjects, but the King himfelfe, nctwithOan- 
mimmo dc regno ding his owne perfonall difafient. This is manifell by the many-late refolutioris gi- 
mmmmlft^i' venhiParliamentaeainft fundry Talents* CommiJJions. WjoU* Charters* Impsfiti 
bet vel ouaflin Loanes^ Sbipwoney, Forcft-Boundr* Jlfarfcall Law* p 'refng and Biltd ting S&ttidur s*lm- 
judiciofkfcipi- prifonment* by jpeciall Cnmmas 'dof "the Kitig.orbis Prizy Coan.'elt, tonnage avd Poundage* 
endotBra&oriyL Kni?bt-h \ • "Taxes, the Comm'flion of A; rax* and the like, which cbliece both 
i 'J'J ' & Kins and Subject • rhe Kbfg m receiving juftb e } in .k h cafes* being fv.h]i& to the Law as 
(g) lLi.c.<J.i7 • 7VC ^ M f he meatoifi of bx SidjMs . as(f ) Bratton truely avers, againll all Royalifis mi- 
{h)Cap.$.to 1 5 ftakes. Now that which can thus f naily conclude and binde the King Ifmfelfe, e- 
(?) Speech in vcnvolens mh??^ incpfts of hiaheit concernment, ennenching fartheit upon his 
Ffrtiatn. 1609 p rcr0 g a tive Pvoyall^ mw\ doi.btleiTe be the rnoii Soveraigne power, Sttperiottr to the 
) J nt>x*AHs W Jv ^^ n S s ' A iid in this fence every Court of julHce; whofe ju?^ ref -.iudons, and every 
Mm.Edij.vo!; 1 P ett y Jury, whofe upri^hr verd ifts oblicge the King (' becaufe warranted by the Law 
/>.M4. which \%$arammnt the King (&$Bfa&on*(g)Fleta* (to) Forte line* (f)KmgJamei 9 \ 

(jyfolit-l.i-c- (l^EdwardtbcC-'-efr,- . --a and (/) Aripile* refolve^ ma, • betrDcly Uidtokea- : 
ic,ii^ 2 . bovethzKin; Liiidu ; h-.it not above the P I: -ment, which by ■ 

Br'. PaiMa qz. i^opprlativ^ powtJt r.^y examine all Qm) judgements and mother Courts 

Ajpjab.6^67. by way of error, or sfpeale* andrevcrfethemif 'there be caufe x when as the King in per- 

lbn 



an the SoVeraigne Tolber. ^ ^ 



ion cannot by Jaw cx.unif; . iicthein, kitoncly in his Courts n>t Ju.tice, by {m . 

his |ik1: 

Thirdly, Par/iamentj eft times* f, tntarg //». 

rttQAtivc end Roy aU p>n 7, uiirbicbti\ id 90 Jucb JHrijdiii un ^ ili 

. witneflc the Statute^ frarog jis, The notable Parliament (> \ , 
[lofi W-4- www. 108. Where the Con rliament grant the King, that ;•' ■ . 
he fcall be in as G R E A I B O Y ALL L 1 1* E K I Y as his Noble Progeni- 
tors were before him : having formerly made the like Grant to King Richard the fc- p ' ! v 

■ j • 1 1 ■ • c 1 1 • t\en 

cond, who perverted it to the altering or the L awes 111 many things, as appeal cs 

by this Roll. 25 H. 8.(7.19,20,11. 26H3*.i,$. 31 /-i.8.c,g. 3+,and 35 H - *U 23. j 

jyH.8,c, 15. 28H.S. c.7.17. 3 & 4E. 6.r. n, 12. 1 E/zjc. i, 2. with fund ry other A l***n&> ,/.j. 

A&>. Now chat Parliamentary power, which onely can create and con? 

Kings a greater regall Authority, and Prerogative than they had before 

needs be the Originall and fupreame Authority : foras we rightly argue (m) i 

the Kmgt Ami ttperiour to all peatefl ! fubordmate A /p.. 

w Utm dt rived £ vm bi< : S o we m ay fi o m 
thcfelfc-fame reafon concli h Court or Parliaments power (the 

fcprefentative Body [omej is the molt Primitive, Sqve 

and greatest Auth rl largei anJ higher than the Kings \ (»j 

. all whofeoriginajlor additional! Koy- 
.iinfelfe, or his Anceftors oune inherent heie- 
juiily without his peoples confines, uiu.-pca (/>•', 
. native to himfej&j over an wholt Countrey >) L it 
n eJirandgrantofhis people in the Parliament. 1 hi? 
ely by the various CO kinds or" Kings ; whereof fome 
and authority, others or letTe ; fome by EJeftion, other* bv F§Z.}.2c 
1 Ton of their Kingdomes Sc Sirbjccts original inftitntion 3 by die 
the Monarchy in this kingdomc, which hath. beene(/<) '* 
ivided into (even, iometimes into five, fomctimes into three or t\. 1 
and at lart reduced unto one ; by the" great fq) changes and alterations 
. in all Foraine r\ealmes,which have Iometimes multiplyed, Iometimes dimiriiih- l.$x.i 
edthe number and power of their Princcs_,and lomtimes quite abo'lijhed tl$\ • > > :.;. 

filing it into an Arii tr ru e, or Da I he di- J ° ?; l °9> 1 r °« 

vine Authority of S. feWi who in t*:is repaid calls Kings and their Supremacy, a [ ^ •*SXXJ« 
(7) 1 ?tttre 9 ov Ordinandi /*M*»hecan4e tnflittoted t (imited 9 and moulded iuu b- ('u)DeOIRciii 

menover reborn they reign* . but likewile by two exprefle deter- IzjCtetim ft 
minati- ->ns otArrfmtle in theie tcrmes, f/J frfffc* ^r«r ^: ■ 1 1 N D A- *^»« 

T A c- C ( ) \ r* I lv M A T A S U N T. \\iyd (0 F t ^;; Ktgww cjr \mfmon \ 
majpribm & prxftam >** VOLUNTATE CIVIUM DELA- y ; 

T LI M, icjoudtxlby (ji)7ith^ Liz /V, and others. j£',J[ 

It is the unaniwerablc Argument oiMnitu Sal imonrn^m % ' i ncomparable Roman '• 1 S v;. j 
I awy/erajKi Philoibphcr ) in his^i/'. 1. dePrincjpatn, p. 17 to 27. Printed ahParx'. l4 '' ^ 6 - ; ' 4. 
157&F Qmfrhnkgio Rt^i* • Toprote, 77v >vbj!cKin^domearid people tbc Sovcraizrie pl 4 *i 
•, greater tb.intk?r'iH\\ frdibtPrpjct ( be he King or EmperourJ .'mferiuiirim- ]' 
:< not oni[\ tbti i tro- being oriqinaUy created ty s >■ 

and for tbem. Kow as tien Creator > U of greater power and axd g itx cnaticre^and ( 

E 2 acy 'krfftilt 



The Treachery and Pi/loyalty of 



every caufe greater then its ejfett : So the Authority and power of the people which creates tht 
Prince and Princely power , and augments or limits it as there is caufe, mujl needs be greater 
then the Prince or roy all power. Who though he be greater than a?jy private fub]e& or magiferate 
ever wfom he rules 5 yet he ufeill inferiour to all the people and kjngdome, whofe Servant or 
Creature he is y and by whofe authority he doth and manageth all th'mgs. And though Princi* 
palities generally considered be of God ; yet the confeitution of Princes, and t])eir jeverall de- 
grees of power are meerely from men : for if the regall Authority of Kings were meerely from 
the haw of Cjod, or nature (as many ignorant Court Do&ors now Preach and write) 
it fhottld be tht fame, and lik^ itfelfe in all kjngdomes, tin fame among the Romans.,** Par- 
thians, Scythians, Medes 3 and other Nations ; But it is not the fame among all tfofe 
Nations, but different^ fitch, Qualis fuo cuique placet popnlo, as every People pie a feth to 
prefcribe and maly choyce of- the Power, Rights, and Royalties of the Kings of the Parthi- 
ans, Medes,#W Scythians, being fuch as the Parthian s, Medes and Scythians/?/^; 
therefore the Rights and Prerogatives of the Roman Empire and Emperours, fand of the 
kingdom and King of England too) fuch as the Pvomans pleafed,a?2d prefer ibed by their 
*See/>,4$,i 26 Lex Regia : Which he there profecutes at * large. And it is the direct conclu(ion,not 
* z 7* onely ofthis Authour, butlikewifeof y^y^ri^j* a Sfj?/zjfrjefultein hisBooke 

De Rege & Regis infritutione, /.I. c.8. Dedicated to King Philip the third ofSpaine^nd 
Printed by his and the Emperours fpeciall Pr.iviledge both in Spaine and Germany ; 
That the whole Commonweal?, hjngdome and people, are of 'gr -eater power and Authority than 
the King ; as for other reafoiis,fo for this, that he is but their Creature, Servant, and 
derives all his Roy all Authority from tlxm alone^ not for his owne, but their fervice, andbs- 
neft, who may enlarge or reflraine it as they fee jufi caufe. And not to trouble you with 
Foraine Authorities in this point, which are infinite; I (hall onely acquaint you 
with the refolutions of fome eminent ancient Lawyers of our owne. 

Andrew Horne s an eminent Lawyer in Edward the firit his Reigne, in his Myrrmr 
of Ju ft ices ; Chap. 1. Sect 2. p. 798,9. writes thus of the original! inftitution of onr 
Englifh M onarches . After that God had abated the Nobility of the Britaines^ who rather 
ufed force than rights he delivered it to the mofi humble andfimple of all the neighbour Natiens, 
the Saxons ; who came from Germany to conquer it* of which Nation there havs beene forty 
Kings, all which heldthemfelves to have COMPANIONS. cc Thefe Princes cal- 
c led this Land England, which before was named Greater Britain*. Thefe after crreat 

* warres, elected from among them a King to Reigne over them, to governe thepeo- 
f pie of God, and to maintaineand defend their perfbnsand goods in peace, by the 
c Rules of Law (or Right :) And at the beginning they caufed the King to fweare, 

* that he will maintaine the holy Chriftian faith to the ntmoftof his power, and 
c guide his people by Law, without refpec't to any perfon, and fhall be obedient to 
c fuffcr ( or undergoe ) . Law, as well as others of his people. And afterwards this 
c Realmewas turned to an heritage, according to the number of his Companions, 
c who divided the Realme into 38. Counties, and delivered each one a County to 
c keepe and defend from Enemies, according to every ones eftate. And although 

* the King ought to have no Peeres in the Land, yet because if the King of his owne 
r c wrong mould offend againft any of his people, neither he, nor any his Commida- 

c ries, can be both Judge and Party ; OF RIGHT IT BEHOVES, that 
c the King fhould have COMPANIONS, for to heare and determine in Parlia- 
ments all the Writ? and plaints of the wrongs of the King, the Queene> and their 

chil* 



Tapijis to their SoVeraiyics. 



'chil dtcr.j and ofthoft cfpccially , of whole w rongs tiny could not otherwise I 
c common right, ThcfeComj enow called < aftertheLatine Comi 

1 and (bat this day thcie Countries arc called Counties, andin Latlne Comitafuf, - . 
Henry de Brafton, who writ in Hemytht third his Rcignc, as in his forccia 
ges 5 fo in others, refclvcs • (x)*! bat the Kin Lawjbecakfethe I. v&mdku J I 

jo'maKing, \b\m dominion and) N >w how doth the Law thus make J° 7 ' 

him a King, but by the Parliamcn^thc Kingdomcs great CounfcJJ ? by wbofi Couxfell 
smd confent alone^ all Larva werefirfl matted, and yet a re, as the (y) fame Authour in- cum 
formes us, who further addes. 1 bat the King ongbt to be under tbe Law, becaufe Cbrifl P"*« 
wbofi I i- ar be is on earth, n ben be came to redeeme mankjnde, m ide chqyfi of this rvay efbexi* 
ally to deftroy tl ■/ tb DeviU, fifing not thefirengtb of bis power, but tbc reafon of bit 

jnfiice, Mid Jo would be (z) under the Law, that he might redeeme tho(c that are un- 
der the Law ; Thus the Virgin Mary the mother of our Lord, who by lingular pri- *.f'i 
viledge was above the Law, yet to fhewan example of humility, refuted not to be (• > ) Gl1 - -. 
(a) fubjeftto Legall Ceremonies. So therefore the King, leri his power mould re- * 4 ) lllkt *** 2 ' 
maine unbridled, there ought not to be a greater than he in theKingdome in the (K\RraR 
exhibition of Juitice- yet he OUGHT TO BE THE LEAST, or AS ro/ i 
THE LE A S T I N RECEIVING J U DO EM E N T, if he require *& 
it. (/>)Thata King is created and cle&ed, (by whom but by his kingdome?) to ^ 54 >. 
this purpose, to doc jnlice unto all. That a King cannot doeany thing clfe in , • J 
earth (Teeing he is Gods Minuter and Vicar) nifi id flam qucd de jiirc potcjl : but fve * rode'iite* 
that onely which he can doc by Law. That God, the Law, and his Court (to wit) ' ,■{«- 

the Earles and Barons (in Parliament) arc above the King,and ought to bridle him ™*i* r i'-' : «iam 
and jlvc thence called Comites. became they are the Kings Companions. Fief a an an- n ? 9 & mc ' 




to wit, the Parliament. ■ "*"»&; 






Fortefeme a Lawyer, ChancellourtoKing Henry thefixt, proves at large, That jv ? /?/ 
(d) tie King 0/" England cannot alter nor change tbe Lawcs of bis Realme, at bis pleafim . tostnmeinx - 
Jkegovernetb his people by power not onely Roy all, but Politique. If hk p»er aver t*fl*ejmr.t& 
tbcm Wirt ray all onely, tbt bt cbange tbe Lawes of bis Realm*, and charge bis Smirk LI i 

with tallage and other burtbens^ without their confent $ andJuebie.the'Pomimomtbe Chill /J \ 3 ^* ,6 • 
Lawes fntfort, when tbeyfay- Tbe Prin es pleafure both tbe force of a Law. Rut from 
tbis much differetb tbe power of a King wboje Government over ibe people is To 'itique • For Angle 
HE CAN NEITHER C H A N G E the L A W without the eonfent ofbkSuh- 
Acf/.NOK. YET CHARGE THEM W.ITH STRANGE IM- 
POSITIONS AGAINST THEIR W'lLL. Wherefore bis people d c 
frankly and freely en tr their owne goods , BEING RULED BY 

SUCH LAWES AS THEMSELVES DESIRE, neither are t bey 
pilled off tb. ir their owne • my other. Lil^t p eafiere aljojhould tbe Subjt fis have of a 

King ruling onely by Kojall power, folong at be f all etb not into tyranny, St. Thomat inthe 
Bookehe wrote to the King olO,}r<^, juitificth the State of a Realme to be fuch, *Thisk write* 
chat it ma/ notbein theKings power to oppreMe his people with tyranny- which :o() " r King 
:hing is performed onely, when the power Pvoyall is retrained by power Politique. **V fhc 6 ^ ro 
|i )eyct then * Soveraign* ?rm:e,and be glad, that tbt Law of tbe Realme wherein you (bail "SfT ^ di " 

p 2 r i ecrsn ' s £>ooke 

^ o fuecx 



j 8 That the Parliament and Kingdome 



jkccee d if fuch , for it frail exhibit and minister to you and your people no fmall fecurity and 
content, Chap. 10,11,12. He Ihowes the different forts ot Kings or kingdomes 
fome ofgreater,others of leiier power; Tome elective, others fucceifive • proceeding 
nieerely from the peoples free consents and inftitution, and that the ancient JUg yp- 
tian, JEthiopian, and other Kings, were fubjeft to, and not above their Lawes,quo- 
ting funclry paifages out of drijioile, concerning the originall of kingdorces. C bap, 
13. He proceeds thus : " A People that will raife themfclvfs into a kingdome or 
cc other Politique body, miillever appoint one to be chiefe Ruler of the whole bo- 
" dy^ which in kingdomes is called a King. In this kinde of Order, as out of an 
" Embryo arifeth a body naturall, ruled by one head, becaufe of a multitude of peo- 
cc pie afiociated by the content ot Lawes, and communion of wealth ,arifeth a king- 
Cc dome, which is a body myiticall, governed by one man as by an head. And like 
(c asin a naturall body, the heart is the fidt that liveth, having within it blood, 
Cc which it diftributeth among the other members, whereby they arequickned • 
c < femblably in a body Politique, THE INTENT OF THE PEO' 
"PLE is THE FIRST LIVING THING, having within it blood- 
cc that is to fay. Politique pro virion for the Utility and wealth of the fame people ; 
" which it dealeth forth and imparteth ASWELL TO T H E H E A D as 
" to the Members of the fame body, whereby thebody is nouriihed and maintained, 
c <,&c. Furthermore, the Law under which a multitude of mm is made a peopje,re- 
"prefenteth the forme of finews in the body naturall 5 becaufe that like as by lioews 
cc the joyning of the body is made found; fbbythe Law, fwhich taketh the name 
"aLigando, from binding) fiich a Myiticall bo^y is knit and preferved together,* 
cc and the members and bones of the fame body, f whereby is represented the found- 
" neMe of the wealth, whereby that body is fu'lained) doe by the Lawe^as the na- 
"turall body by iinewes, retaine every one their proper function. And as the head \ 
" of a body naturall cannot change his Sinewes, nor cannot deny nor v;<it.h-no!d 
" from his in feriour members, their proper powers, and feverall nouriffcrheBt* of 
« blood: So NEITHER. CAN THE KING (who is the head of the 
<c Poli tiquebody) CHANGE THE LAWES OF THAT BODY, 
" nor wkh-draw from the faid people THEIR PROPER SUBSTANC E 
"AGAINST THEIR WILLS OR CONSENTS. For fuch a 
" King of a kingdome politique, is made and ordained for THE D E F EN C E 
«OF THE LAWES OF HIS SUBJECTS, and of their' bodies 
"andgoods. WHEREUNTO HE RECEIVETH POWER OF 
"HIS PEOPLE, SO THAT HEE CANNOT GOVERNE 
"HIS PEOPLE BY ANY OTHER L A W. Chap, 14. headdes, No 
" Nation did ever of their oune voluntary minde incorporate thchifelves into a 
"kingdome FOR ANY OTHER INTENT, BUT ONELY TO 
" T H E E N D, that they might thereby with MORE S A F E T Y THEN 
" BE F O R E M A I N E T A I N E T H E M S E L V E S, and enjoy THEIR 
"Goods free from fuch misfortunes and lorfes as they itoodin feare of. And of 
. " this intent, &&ukl fuch a Nation be defrauded utterly, IF THEIR KING 
"MIGHT SPOYLE THEM OF THEIR GOODS, WHICH 
"BEFORE WAS LAWFULL FOR NO MAN TO DOE. 
"And yet fhould iiich a people be much more injured, if they fhould afterwards be 

governed 



are the Soyeraigne To^er. 3 ? 



"go ne and ftrange Lawes, and fuch pcradvcnture as they deadly 

ttedand I, and molt of all, if by th< 

<<dii i. for the fa feguard whereof as a l(o for their honour, and «>f their 

"ow, , T H E Y OF T H E I rj FR I 1 L 

"SUBMITTED THEMSELVES TOTHK GO 1 I E- 

«MENT OK A KING. NO SUCH POWER FREELY 
Klin HAVE PROCEEDED FROM T HEM ; and yet IF 
c«THKY HAD NOT BEE CH A KING COULD 

"HAVE HAD NO POWER OVER THEM. And Cbap. 36. f[ 
86. He concludes thus. c< The King of England^ neither ty himfelfe nor hisMi- 
impoieth no Tallages, Subiidies orany other burthens en his I ieges, oj 
"changed] their Lawes, 01 makes new ones without the conceffi on or aflent OF 
"HiS^ WHOLE KINGBOME EXPRESSED IN HIS PAR- 
l I AMEN T. Thus and much more this Learned ChahceHonr in point b ,th 
ofl aw and Conference* furlicient to llopthemouthesofall Malignant Lawyers and 
Ro\ Dedicated toand approved by One of our devoutelt Kings, and 

written by one of the greatelt and learnedett OSkers of the Kiogdome in tb 
day s- 

»rds J (f) Raphael HoUnjhed^JobnVgrrtU and others, in their Dc. crip- I 1 
tion'ofl \tcdCum •' ■, rcfolvc thus of the Parliaments power.77.>;V ! 

HATH THE MOST HIGH AND ABSOLUTE POW- 
OF THE REALI for thereby K I N G S AND MIG 

RINCES HAVE FROM TIME TO TIME BEENE 
,D FROM THEIR THRONES, and Lams art cha&ed, 
and rpun'rfbedj md corrupted Religion^ either difatmUeder 

ItitTHE HEAD AND BODY OF ALL THE REA1 ME, 
r m m is intended to bepreferk^ if mi by hi \ 

thing tb it *r tin • e en :. : /Y7, i od 

it contradiction or grudge : and to be (hort^ aS thi\ p'c 

. either Centuriatis Comitiis, or Tribunitiis, tbefame n andm.v. be 

lament. Now the Romans in their AiTernblies had ptn\ er 

toenaft binding Lawes, to create and ele& their Kings and Em . and like- 

r ) j idge. cen lire, and depofe them 5 to create and cleft aJ A Officers, 

to* rhange the very forme ot their State and Government ( as I (hall hereafter 

manifest :) Therefore by thefc Authours refoluticsn, the Parliament hath an abfb- 

'hen they fee juit caufe. $\rl>bomM Smith one ot the 

of State to Kins hdward the 5. and Quecne kiza etb 9 ana a 

m-wealthof England^ I ?. a. in the old, but 2.1;. 

Tame words ineffeft with Jfolfafied, andaddes, that the 

forme of $< totbeCrt I igsRoyall power being ' - 

d to them, conferred on them bv the Peoples and kingdomes 

-..cuts in Parliament, and all tluir new additional! Prerogatives coo,' as 

lifes evidence, ic cannot be denyed, but chat the v\ hole kingdom* and L 

■ in this (Infe above him 3 and the molt Soveraigne primitive power 
ther powers were, and arc derived. 
ourthly 3 This is undeniable, becaufe the whole kingd< lament, may 

I'. noc 



40 The Treachery and Diflojahyof 



not onely augment,but likewife abridge allay 4 abolijh, and refume fomt branches of the 

Kings r<y jU power and prerogative iff ben bejufl caufe,M when it becomes onerous, mifcbievous 9 

or dangerous to the Subjects ,inconvenient to, or inconfifte?it with the bjngdcmei \f copies welfare ^ 

peace, fafcty, Liberty, or tb'e Lames » This is moft apparent by Magna Charta 5 Cbarta 

de Fore ft a, Statntum Ve Tall agio non concedendo, Artkuli fuper Cbarta } Con firm atio 

Chwtarum, iE.%. c.6 y y. 2 E.3.C. 2.8. 3 E.i.c. 35. 9E.3. c.12.5 E. 2,c. 9. 10E. ?.c. 

2,3. 14E.3.C.1. 14, 18E.3.C.8. 25E.3.C.4. 5^.3.c.i,2. kStat. 5.C.8.U.36 £.3. 

(.OSecihcAr- C#I0# 37E.3.C.18.42E.3.C.3. 10R. 2.C.I. II R.2.C.I.C07. I R.3.C.2.4H.4.C.13* 

Sh^oneyA 2I Jacc.3.24. 7H.8.C.3. The Petition of Right, 3 Carol i, moft Statutes again ft ?/,-,- 

/mpofirions/sc ^J m h^' :ir dons,ProteU:io?is, atld for regulating the Kings Charters, Grants, Revenues: 

the declarations the A&s made this Parliament again ft Ship-money, Knighthood, F oreft-bounds,Prejjing 

tgain.Hhe^;«- of Souldkrs, the Star-Cbamber,High'Commij]ion, the Trknn : all Parliament, thtcontinu- 

r7•f"Rc^o1vir?' , ance ^f^^^^^^nt^whilestUyfU^ with ( g) fundry other Atts, which reftaine, 

of Conference abridge, repeale, refume divers reall and pretended branches of the kings royall Pre* 

Sea 4,? . rogative, becaufe they proved grievous, mifchievous, dangerous, pernicious to the 

(i) Secje/hua, people and kingdome. This then anfivers that irratic nail, groundlefTe portion of 

t^^r^T) 1 ' ^ 0< ^ or F €rm 5 Tb ai (fy ^ Subje&J neitkr lawfully may, nor ought in any cafe to refume 

chrouchour, " a ^ or a77 J'P art °J '&** Regall power wherewith they have once invefted their Kings by common 

I fa. Jo em.E%e\ confent^ though it prove never fo mifdyievous, and be never fo much abufed to the peoples pre-* 

m fundry ciup. judke. Which, as it is contrary to that received pi iBciple of nature and reafbn : Eo- 

(4) Sec Stefan dem modo quo quidconftltuitur, dij]olviiur,l 'hat all Governments created by mens con- 

Ma?We(LLt!ur ^ ents 5 Specially being but officers in truft for their good and welfare onely 5 to (1) 

Juffinflpmcrw fendry prtftdentfandfrepbefies in Scripture concerning the Alterations, Subverficns^Diminu- 

\iuchroni. thus of Kings and hwgdomes ^ to the conftant pra&ifeof (/Q all Realmes, all States 

(jbrenkarwmSt whatfoever, from Adamtill this inftant, who have undergone many ftrange alte- 

?np/>! ' rations, eclipfes, diminutions, yea Periods of Go vernment : to the Pvefolution of 1 

4,k, Plato de 0) Ariftotk, and all other Politicians, who hold all formes of Government chan^eaA 

Kepuhlica,Bod, ble and revocable, without any i?zjuftke, if 'mcejfary or convenient ; So likewifeto the very 

emmm-weafe. end for which Kings have regall power fas well as other Governours, and Governe- 1 

7 h j R N?^ 0l nieilts ) and for which they were ordained ; to vjit,tbeir hyigdomes, peoples (ni) weA 

PQljbMiftJ.6. f are > f afety, peace, proteElion,&c. Salus populi, being not onely that Suprema Lex, 

(pi) Rom, 14. but principalhndfoT ivbicb all royall power wm inftiiuted by G jd and Man, and to which 

1 to 6.r Wt t. itnuiftfubmitincafeit becomes incompatible, or inconfiftent with the publique 

1 * *n h S - am " * wea ^ e or &fety ; What therefore that learned Father August ine Biftiop o£Hippo,\on$ 
VU 78?7Q it- ^ nce re ^^ ve ^ touching the (no\v much contefted for) Lordly State of Epifcopacy. 

2 Chi 09. rf. 1 which he-andyieere three hundred African Bifiops more, were then ready to lay downe for th. 
Cor. i. 2 1,22. Churches peace 5 I may fitly apply to the now over-much contended for fuppofed roy 
fifth io.j. a U Prerogatives of Kings, to effect peace in our State, in thefe times of uncivil! m| 
$ C&lf'y$?- Htciry (that I fay not bloody ) diflentions, raifed about them betweene King and Par 
dig. 1 8. c\. Br a. lament, An zero, &c. (?;) What verily did cur Redeemer defend from heaven into hu 
l-Z-c^.f. 1 c 7. mane members^ andfoall we, left his very members be rent in pieces with cruell divifon,fear 
(n) AugnftinHi to defend out of our Thrones? we are ordained Bifhops for Chriftian peoples lake 
ci-(j(ftii-:wnE- w ^ ac therefore may profit them for Chriftian peace, that let us doc with our Bi 
EpjfTom7par ^-Op^cKes. §>uod autem (urn propter te f< ; m, ft tibiprockjt, non Jim, ji nbiobcft. Vha 
\>pM% 789, lam, I may betorthee, if it profit thee; ! may not be,ifitbehurtfall to thee. Ifw 

be profitable fervains, why d »e we envy the cternall gaines of our Lcrd for our ten 

pora 



are the SoVeraigne Tomer. 4 1 



porall fubiimities or Prerogatives? Our Epilcopall dignity will be more fruit full to 
us, Ifbeing laid downc it (ball more uniifc the flockeofChrift, tlun difperfcii ifre- 
tained. It whenlwill retainc my BUbopricke I difperfe the rlocke of Chrifr, how 
isthedamma ;e oftheflocke the honour of the Shepherd? Sec. Old rtatutc Lawes, 
thecommon I aw ofEnglandj though above the Kiag and his Prerogative, may 
be, andoft are repealed and altered by Parliaments,when they become mischievous 
or inconvenient; herefereby like or greater reafon, may any branches of the Kings 
Prerogative, inferiour to thcie Lawes, be reft rained, yea relumed, when they prove 
grievous or dangerous to the Subject : 1c is the Kings owne profclled A/axime,\n hill 
ParliaYnent; (■;)• Pi intcd and inrolledby hisipeciall comniand,inall his. Courts J •. VrJ , 
That the K mqj Prerog U t to defendtbe Peop es Liberties : when therefore it either of die ' Pt 

Invades or iubvertsthem, itmayjullly, it mult neceflariJy be refrained, diminiA cd ofKiglr, 
GT refutned by the Parliament, from.whofc aflentor grant, it riril: proceeded, and 
that oneiy for the publiqueweale, not prejudice of the people. TheEmperour (/>) ^^^ 
0//v the frit, and our King Richard the fecond (as (q) fome imagine) voluni 
Ttfigmd, relinqiu\hed their Crownes, to their immortall bjnour, to prevent the effufion of their & others ol 
SifbjMsUvtd, by chill warres^ andfittlc peace within their KealmeJ : and mail not o- 1,fc 
the; Kings then molt joy fully part with ComtPunttilioesof their realtor branches of fa) &?**& &*• 
their (Iippo(ed Prerogatives for the (elfefame ends, if their Parliaments fee good caufe '' r "' d ' 
to refumc them,and of right may doe it > 

Fifthly, The King though he be the chiefe and principall (yet he is onely one 
member of the Parliament and kingdome, the lealt^becaufe but one perfon) though 
the higheft branch h the Lords and Commons fnot elected by, but aifigncd Coun- 
fellors to the King, by the kingdome and people ) being the greater! and molt con- 
siderable part, as repi -denting the intire body of the Kingdome. Now common rea- 
fon, Law, and experience manifefts,and Arifiotk Polit. I. 1. c.2. With Marias Sala- 
monius, de Principal**, l.i.p. 40,41 . conclude , that the whole, or great eft part hi all po- 
litique or natursU Bodies is of greater excellency, power, andjurifdiffion, than any one parti- 
>j: mber. Thus in all our (V) Corporations, the Court of Aldermen and Cemmon Cant* 
cell is of greater power thin the Mayor ahme,tboitgh the chiefe Ojjic:r:thc Chapter of greater au- j Se< HOn •• 
thority than the Deanc,the Dearie and Chapter than the Bifatp-, the whole Bcncb,tban the Lord Coj P°racions. 
chiefe Jufi ice, the whole Ceimcell than the Prefidcnt ; the whole Parliament then cither of the 
Hcufcs : and by like reafon than the King • efpecially, iince one of the three Eftates \Jffafa 
is leiler than the three Eftates together ; who in Parliament, by the fundamental! Dr.;-, :,-. 
Gonftitutions of the Realnie, are not (7) Subordinate^ but Coordinate parts of the Q) -: 
dime great Common-Couucell of the kingdome. \thArifot!es exprefle determina- r i: rc •'■'■■' 
tion, (t) that in an 0!/^arcbie, Arifocracic, 2nd Vemocra:ie,\\hdt{bi:v(:r (eemes good p^ffi "- 
to the «*^V part of the Govern ours of the Common-wealth, that is ratified'; that ; 
the whole City, Kingdome, Family, is more excellent, and to be preferred before frnrnm^An 
any part or member thereof. And that it is unfit the part ihould be abo\e the whole: ^UtM 4. 
And in a\\ Courts of Jullicc, Corporations, and Elections, (//) the major part fa 
ahvayes had the greateft fway, and constantly over-ruled the telle, though it be but v ^ r< s ^7, 
by one cafting voyce ; as is evident to all in the Elections of Knights, andBurgeiTcs }' : \\aHS fij* 
of, and votes in the Parliament 5 in which the (x) Kfttg, I rand Commons, by h 
the Common Law, make up but one intire Ctrforati .: Ence then even inParlL' 
inept it felfe, the major pari over-fwayes the reft, yea the King himielfe (who hath 

F r.o 



a 2 J hat the Parliament and Kingdome 



no abfolute negative voyce, but onely in refufing to pafTe fome kind of Bills not all 

( y ) Major Tars ( of which more hereafter) doubtleffe the whole, or (j) major part of the Parlia- 

eji vtu>n,B>Ms ment (which in Law is the whole) is above the King, the chiefe member of it. 

SmHvCo'l^ Which coniideration, together with the Statutes of 5 K. 2. Stat.2. c. 4. 6H.%. c .i6. 

mctwea.cfEngl. EnaUing, 7 bat nontekUedto be in any Tarliammt frail' depart or abfent bimfelfe from the 

/. 2 c . 3 . fame Parliament till it be fully ended or prorogued^ ithout Jpeciall Hcenfe of the Speaker of the 

* See the man- Commons to be entredof Record in the journall Booke, under paine of amercement, loffe ofwa- 

ncr ° fh ° nt |. n ? n ges,& other punifiment^nor * any Member of the Vpper Houfe without that Houfes licenfeun- 

Eneland. newly der paine ofinditementjmprifonment orfi?/e^B appcares by the Bifhop of Wincbejters cafe, 

Primed at Lcn- 3E.3.15?. Fitz. Corm.\6\. and Stamford, l.^.c. l.f. 153. compleatly anfwers that 

don, 1641. & fond cavill cf Malignants and Royaliits again it this Parliament; that the King 

Dyt! f6o.a>Br. anc [ man y f t j JC ot y r Members have wilfully absented ibemfekes from the Houfe, (of pur- 

poi'e to diffolve it if they could, notwithltanding the late fpeciall A& made by their 

joynt contents for its continuance*) Ergo this unlawfull AUion of theirs f to effeft this 

pernicious defigne ) muji nullifie, or at leafi invalid fin their new non-fence Law and 

Logicke ) the lawfull proceedings of thofe worthy faithful! members who continue in it, to 

preferve both Parliament, Kingdome, Religion, Lawes, Liberties, from ruine and 

diflblution- If thefe abient Members be the greater number,why doe they not come 

and over-vote the reft in the Houfe in a peaceable, legal!, ufuall Parliamentary way, 

rather than challenge them into the field in a military, illegall, unufual] bloody 

manner, unheard of informer ages? IfthelefTer party, then prefent or abfent the 

major part mull: over-rule them volens nolens, as it hath ever ufed, unleffe they will 

be wilftiller (I cannot fay wifer)than all their predeceflbrs put together. 

ObfB. As for his Ma jetties abfence from the Parliament by the pernicious advife of evill 

Counfellors • fo much infilled on by Malignants. 
A'fw. I anfwer, Firft, That it was without any juft caufe given by the Parliament. Se* 

(a) See their condly, It was much againft their wills, who have (a) oft importuned, petition- 
Mitfages&pen- e d, and ufed all poffible meanes to procure his rerurne. Thirdly, His ablence was 
^"bkmpoF^ P rocurc£ ^3 and is yet continued by thofe alone, who mod unjulily taxethe Parlia- 
(b)SceCamM. ment for it,and would take advantage of this their owne wrong. Fourthly,though 
ixir.p.163. he beperfonally abfent as a man , yet he is Itill Legally prefent in Parliament, (cal- 
wbicb pies the led the Kings prefence ) as he is a King • as he is in all other his Courts of Juftice, 
Parliament the wriere all proceedings are entred, (b) Coram TLeoe- though the King never vet fate 
Kings prefence r ,-, r . . , 5r 1 l t. l r ^ j :S i_- r» t r 1 

Theitegifor of P ei *° r ' a *} 7 in c,tner °* them, as he hath oh times done in this Parliament 5 for the 
Writs. Old&Ntw continuance whereof he hath palled fuch an A&, as will infeparably tye hisroyall 
A'.iuraBrfuum prefence to it, though the Cavaliers about him mould by force with-draw his perfon 
cid& nev>foo\ \ rOTn |r, not onely as farre as Torke , but the remoteft Indies • yea, he muft firlt ceafe 
bifi't'enL^tf- tokeKingojEfigland, ere he can be legally abfent from his? arliament of England. 
7 1 .€. ' ' This his wilful! perfbnall abfence from his greatest Counfell which defires and needs 
it, is ([as many conceive) an Aft of the hieheit injufticethat ever any Prince could 
offer to his Parliament, worfe than (c) Kehoboams forfakingtbe counfell of bis ancient 
Sages, to follow the hare-brained advije of bit young Cavdieres • for though he followed 
K . ^ not their ancient prudent counfell, yet he with-drew not himfelfe from them, as 
fc \i Chro^io* ms ^ a J-'ty now f eVers himfelfe from his Parliament, not only without but againft 
fd)Grafion#.' al] precedents of his Royall predeceflbrs, except King (^) 2U.;k*/v/the(econd (who 
34 8 .^49>^S°- o^ce abfuited himfelfe from his Parliament above forty dayes, yet then returned to 

it 



are the SoVeraigne To^er. 4 5 



it upon better adrift) and the very common eultome and Law of the Land, (which 
lie is obliged by hit Cetmati >n Oath, And many lace Protections added to it,conftant- 
lj to maintain*.} This appeard molt clcarcly by the ancient Trcatife, Of the manner 
ffboldmgof Parliaments in England, both before and fmce the Conqueft,(* tendered * Sec jfj 
10 and approved by the Conquerour himielfc, newly Printed 164 1.) which in the DsBtomry. i;t. 
Section, Toucbme the Kings abfenet from Parliament, refolves thus. The Kin* 11 tofamffi** 
BOUND lyaJl meanes Pojjibk TO BE PRESENT AT THE PAR- 
LIAMENT- unlefte he be detained or In therefrom by bodily ft ckneffe, and then he m iy 
beepe his Chamber, yet Jo as he lye not without the Manour, or Towne at the leaf, where the 
parliament is held: and then lye ought to fend 'for twelve perfons of tlye great eft and heft if 
them that are fummoned to the Parliament, that is, two B/ftoops, twoEarlcs, two Bar 
two Knights of the (hire, two Burge\fts,and two Citizens, to lookeupon his per fan, to tefti- 
pe and witmffe bis eft ate, and give* Authority to the Arcb-bifbop of the place, the Steward * N*H 
of England, andchiefe Jitftice, thjt they joyntly and fever ally ftsould bevin the Parliament, 
and continue the fame in his name, ( See 8 H. 5 .c. I . Cromptons Jurifdiclion. / 1 3 . *. 1 7A 
according herewith ) cxprefje mention being made in that Commiftiov, ofthecaufe of I 
ahfence there, which ought to fujfi-e. The reafonis, bee an fe there was wont to be a cry and 
m trmnre in the Parliament for the Kings ahfence, becaufe his abftnee is hurt full and dangerous 
to the whole commonalty of the Par iament, neither indeed OUGHT, O Pv MAY 

HE BE ABSENT,BUT ONELY IN THE CASE AFORE- 
SAID. And whereas Rdalignants clamour, that moil: of the Lords are abfent as well 
as the King, and therefore this can be no lawfull Parliament-, The fame Authour 
will ill fo rme them • Thai if the Lords be once fummoned to Parliament, and then afpt :. < 
not, or abfent tbemfehes, the King may hold the Parliament with the Commonalty ani Com- 
mons of 'the f^ngdome (every of which hath a greater voyce in Parliament then the 
greatelt Earle in England, becaufe he represents a whole County, Towne, or City, 
the other himfel fe alone ) without Fifty ops : Earles, or Barons - becaufe in times paj}^ be- 
fore there was either Bijhop, Earle } or Baron, yet even then Kings kept their Parliaments • hut 
on the cwtrarj , no P ir iament can be l^ept by the King and Peeres, if all the Commons ( for 
the Kings mi (government, orfuch likecaufe) (loould abfent themfelves. This is the 
judgement of (r) Matter John Vowel too, who writes in this manner : Yet nevertbe" C r > 
le\]e,fibe King in due order have fummoned all his Lords and Barons y ind they will not com* \ ( . ''""•'' f ' 
or if they tome, they wVl not yet appearc : or if they come and dppeare, yet wit not doe or ' 1 27> * ~ ' 
yeeld to any thing, then the Kin? with the confent of his Commons, m iy ordaine andefiablifh 
any acts or L iwes, which are as good \ fuffieient a?ideffeBnall,as if the Lords had given their 
confent r. But on the contrary, // the Commons be fummoned and will not come, or com- , . . 

• -r; • •;; r . a /• ;/ ; • r • n . # («) < 

nung wia not appcare,or appearing will not confent to doe a?iy thmgyillcagrngfome juji, weigh- ? M , ., 

tj A Ondgreat raufi^ the King in the fe cafes (W) cannot with hU Lords devife, mas\e, or i ±H. 

eftablifty any L m\ The reaibns ai e theie. When Parliaments were fir ft bet/ten andordai- 7, ' 8 7 K- ' - U 

ncd, there Were no P relates or Barons of the Parli intent % and the tempor all Lords were very HA'? *7-P* r - 

ftw or none 5 and then the King and his Comm ms did make a full Parliament, which Autbo- ' I'V J 4 1 

n» j' never hitherto abridged. Againe, every Baron in Parliament, doth reprefent but his judged * cor- 

owmperfon, and jfeahgtb in the beha/i 'e of bimftlfe alone. But in the Knights, Citizens, dinglv,R; P*e* 

and Burgefjes arercprefented the Commons of the whole Rcahne, and aery of ibefi gjvetb not rog^dvcij* 
confent onely for himfei fe, but for all tbofe alfo for whom he is fe?:t. Aaid the King with the 
confent of his Commons had ever afufticient and full authority, w mak^, ordaine,and eftablifty 

F 2 good 



44 'that the Parliament and s%ingdome 

good and wholefome Lawes for the Commonwealth of his Realm-?. Wherefore the Lords be m 
ing lawfullj ; fummoned andyet refufing to come> fit, or confent in Parliament, cannot by their 
folly, abridge the Ki?ig and the Commons of their I awf nil proceedings in Parliament. Thus 
and more John Vowel in hisO -der md Of age how tokeepea Parliament • Printed Cum 
Privilegio. And Sir Edward Cook^ in his Intimites on Magna Charta, proves that the 
Lords andPeeresinmany Charters and Afts, are included under the name of the 
Commons and Commonalty of England. But we need not retire to this lalt doubt- 
full refuge 5 the Honourable, faithful! Lords how prefent, though not fo many as 
could be delired 5 are the intire Houfe of Peeres in judgement of Law, (as thofe pre- 
(e)See Stain- fent at the election of Knights of the Shire, or Burgelles (though the major part be 
firdf}9.i%s. negligently or wilfully abftnt ) arethe whole Shire or Burrough ) and thewilfull 
3 £.3.19.60;*. aD f enC Q f the residue, though the greater number, being (e) contrary toLaw,con- 
* See 21 R 2. trai 7 t0 tne Pfi^iledges of Parliament, and their late Protections, tending to the 
c€. very fubverfion of Parliaments ( for which high contempt they and their * Pofteri- 

(f)Dyerf.6o.n. ties too, may juitly be diiablcd for ever to (it as members of that Houfe, which they 
Braft. Farli.7. have fo dimonourably, if not treac heron fly, deferted, even as (/) well as Knights 
,. r V ' J H; '■* ' and Bftrgefjes, whofe perfonall attendance is fo necejfary. that if during the Parliament, they 
(V)Luk. 12.32 akfent tlxmfelves from it, about a?iy bufineffes of their owne, without leave of the Houfe, or be 
March. 13. 2$. fificke, cr eleUed Mayors of a Tow?ie, or a?iy other judiciall Officers, jo 04 they cannot at" 
Mat. 7 ♦13,14. ie7ic l fa frzice of the Hoitfe^ they may thereupon be lawfully expelled the Houfe, and a new 
X V I C - ff^ V/rit exprejjmg the caufe of their removal!, fial iffuefor a new election of others in their pla* 
tf the Jpalogie, ces > i0 w a & the H° H fi compleat, as was refolved by the Commons Home, 38 H.8. " Br. 
p 6-r. 7. Dkif. Parliament 7.) can no more difable thofe now prefent from befog a true and lawful! 
j PitiaopBilfent Houfe of Peeres , than the multitudes departing from the true Church of God, to the 
V 'Tch l ^a'. "r* f a 'fi> difpro ve it to be the true Church ofGhrift, ( g ) whofe true fiocke is but little. In a 
jcftioTLand \ m- WOI 'd Qi) divers Parliaments have beene kept and held, and* AUs made without Bifo ops 
ebriftien rebel, or Abbots heretofore , even while thy were replied members of the Lords Houfe, and one of 
1>T- 540, the three Estates in Parliament 1 therefore this Parliament (which hath taken away 
54i s 54i- Bl - Bifhops Votes for ever) may be lawfully held, notwithrranding any Lords or Com- 
oftkehwSTf mons wilfcH abfence from it in perfon -, who yet as long as they are members of 
Paul? fieeple. the Parliament, (hall [till be adjudged legally present, whether they will or no.One 
Keilinftf.i84M puny Judge in the Courts otWeftminficr may and doth ufnaliy give judgement, and 
c.Cmr.pfw-gd. ma ke binding Orders, though the Chiefe Juitice and his feliowes be negligently or 
(fCcuTPyf.iy wilfully abfent: Much more then may the Lords and Commons now prefent, doe 
St'a nf.PleasJ. tne *& e 5 ^ n ca ^ e or * tne Kings and other Members wilfull abfence,of purpofe to mine 
3 3. i ./.1 5 1 .Br. both Parliament and Kingdome, againfl which they are now in armes, and have Ie- 
Co/on.t 1 %.M- vycd open warre. 

**?•£«'# Sriu ' Sixthly, it is molt apparent both by (i) Si ripturc* the verdict of all (j^) Politicians 
P* n«'J °^n a?l d ^Tttas of note, ihe (J) Statutes of our llealmes and Lawyers^ that ka]ngdomes, Sxbjetfs s 

hift.p.450. to 

454. fhnVon-elf Chmde of "Ireland/). 1 27 ,128, * 25 E.}.ft.u. 6. de Provificmbuu 31 £-3« c. 4. 3* E.$.c.S.tf E.$ . 
/f.,:.2.r.2. 7 ili.(.I2. 3 Pv.:.ci2. llR.z.Freface&c-.l-ii.i E-l f.2-. "-^E-i flau^.Preface.Sec 2OH.3 c.^^\H.^, 
fiat. (fLeape-yeare, 4 H$fixt. of Mxrlbridge. 4 E. ids Big. Prolong? c.6. 6 E. 1 Jht. de Ohfter. Preface 1 ? £. I . AUjn 
BkrneLli E.i.f4}de nude fat&n part. 21 £♦ i.Efcketors^ E l.guomi mi9 9 <gE.z* Artie. Clen.Tref. (i) 1 Sam. 
19,20.* Sam. $- 1 2. 2Cl2ron.9, 8.1(a. 49.23.R0m.13 4,5. T Per.2.*3- 4 (k) Ari fi- P<Htl>3i& I.Plato: Agefilam. 
JCcnophondc litfiit.Cyrilrifi. Cxlm Rhcdig.Antiq. Lefi.LS.c.i. Bcdr. Ofirm deRege&Reg*Mlnfiit t (l)The 

Vrearble* cfaHviiic'xnt frames, Br aften /.I,c.§./.=.f y.FletAl'l.Cy.- to Lfc 

and 



art the Soveraigne Tower. j * 



and Par'iama Cod fori Kiag/, 

tnd nature diff i i 

j/ jir t and fliU continued for the prote&i 

donu. , I ts,Pt /'.V, rvA ! fU . . 

•stbejare. Now Nature, Rcafon, and (») Scriptures refblvcj that K 0,, * ,1! 

hen/"/.' infiitutedmeerelj fortl mdfervketfjwtlxr {oral/ tUffl Creature* &ere fa Crn i 2 




■renal; theMayoi to the whole Corporation; and the King CO his whole (pjee 
Kingdonie and Parliament: which coniidcration hathcaufed fundry Kings and c -i->& I 
Emperours, not oncly to adventure their Jives in bloody battles, but to lay downc V ■ ' S; 
their C; u\\ nes for the peace and (afcty of their Subjcda » witneflc (7) Otbo the fiift, ['p C /' 5 .' 2 
and others; with the Examples of /io/eV, Exod. 32.9. toi5, g2. Nff#f£. 14.11, to j.jjp 1,1, 
15. of Vavidy'i Sam. 29. ij. 1 Chron.21. 1 j. and Jobnio. II. 15, with other pre- (V>$< 
cedents which I pretermit. And the rcafon is apparent, for if the King be flaine in ? r i m ft& o:l]LT 
defence ofthekingdome or People, yet the kingdome and people may rcmainc fe- inh ' 
cure, and another fuccecd him in that office of trulf, (In which refpeft a Politiqi 
body differs troiv a Natural], that it hath life, continuance, and meanes to e 
defend, and Order it I el fe, though the King and head be cut off by death. ) Eut if 
the Realme and People be destroyed, though the King furvive them as a Man, v 
he mull neceflarily perifh in and with them as a King, lince he cannot poffibly be a 
King without a kingdomeand people* for whole good and fafety alone he was 




pub» 

L 1. thus defedbes the Office ot a Prince towards the Common-wealth. J bat as 1 1 
k a Prince, be neither mindes nor commands what ia advantagious to bimfelfe, but rebut is 
ficiallto bis Subje&s ; ond whatever be faith or doth, be faith and d the profit and 

honour of the Republi k± • which Cicero m his Offices hath more elegantly thus tranfla - 
ted • As the defence, Jo the procuration of the Common-weak is to be managed to tbt benefit * Sola ■■ 

• '• ■ • te i, n 1 mmitt id. And de Fiuibm l.^.A coed &incipatu .'. 1 . 

tfi man) not ignorant oj *bis civil! Office, if more carefull of the utility of aV, than of ?' 5 , 2 '. * 9> ^ cc 
any one, or of bis owne : Neither is a 1 r. tntry to be more difpraifed, • *' lu ' 

firter of 'the common profit and fafety^ for bis owne profit andfafety. And the Emperour r/?,P.C. 
* t Juflinian ufed this golden (entence. §uod commtmiter cmnibut prodeft, bo: private nofiriam 
nofirrnnlitati praferendum effe cenfemut • nofirum effe preprium, fubje&orum commodum '" 

. iliter exifiimantes : Imperial is benaidtnti* bocefje jttdicmtej, ut omni tempore J? 101 . * 
Uorumcommodataminralligare^ quam tUmederi : m& I (ball conclude this 6*. 

with * Salamonius his words. Let the Prinei he either from God, or from men, yet think *V 
not that the world was created b) God, and in it men, that they fhould ferve for the benefit of 1 1 
Princes -, for it is an abfurdity, above what can be fpok$*j,io opine that men were made for 
Princes, fince God batb made nd equal! : But Princv were ordained, ONE- 

L Y FOR THEIR PEOPLES BENEFIT, that Co they might bmo- 
entlj preferve hum me an 1 k with greater facility, helping one the othr with mu~ ■ 

uall benefits' Whichheth : rgely proves by fundry Hiilories and Authorities 

F-3. That 



a ^ J7vrt the (parliament and Kingdom* 



That of * Pttftr Matthew being a certaine verity. -<4# f/;e A&ions of a Prince mufi tend 

* General I Hi ft. to the good andbeaUb of his people* far whom be lives j and mure than for bimfefe, as the Sun 
cffraii.p.io6^ doth not pint and give beat, but for men , and the elements. The King then being made 

King, onely for the Kingdomes, Parliaments, Peoples fervice, muit needs ( in this 

* 2 Sam. 1 8. j. regard) be inferiour to, not Paramount them in abiblute Soveraigne power; though 
(o Crompt.iu- g re ater, * better than any particular Subje&s. 

%Br^U l c ' Seventhly, The Parliament ( as our (/) Law-bookes, and (j) Writers refolve) U 
^H^H themofl high and abfolute power, the fupreamefl and matt ancient Court of the Realme of 
64. b. ziH.6. England j and hatb the power of the whole Realme, bolb Head and Body; and among other 
c. 10 Dyer *o.<* Priviledges this is the bigheft, that it ts above the Law it felfe ^having powtr uponjufi grounds 
Coof^s ln/fn.OH tQ a \ ur t\x ver y common Law of England • to abrogate andrepeale old Lawes, to ena&uew 
(])$\T°Tblm# Lawes of all forts, to impofe taxes upon the people: Yea, it hath power to declare the mea?i- 
Smith, of the ingof any doubtful! Lawes ^ and to repeale all Patents, Charters, Grants, and Judgements ; 
Co nmonrreal. cf nibatfoever of the King or any other Courts of Jufiict, if they be erroneous or iHegall, not onely 
Erglxwd ,/ 2.r.j, without, but againft the Kings perf mall confint, fi Jarre as finally to obliege both King and. 
rf&fc %p Stbje&s. Now it is cleare on the contrary iide, chat the King hath not the power 
%7?.CAvuBrtt. of the whole Realme velted in his perlon, that he (Y) and his Prerogative are not a- 
p. 17 3 f-yow- bove, but fubordinate to the Lawes of the Realme - that he cannot by his abiblute 
els Order &V- regall power, alter the Common Law of the Realme in any particular point what- 
fee how to k?ep f oever that hecannjt repeale any old, nor enaft any new Law whatfoever, nor 
avd.rliiiment.in . , ■ ■ n < 1 • 1 . ^ , . 3 

HnuuChrm. of mipofe the leaft taxe or common charge upon his peoplc,nor imprifon their pert on s, 
Ireland,?. 10 1, diitraine their goods, declare any Law, or reverie any jndgement in themeaneitof 
roizo. Minjh. his Courts, without or again:! his peoples joynt contents in Parliament^ For P<?- 
DiBioMrj Tit. te Q^j) il j J{l ^ c fl & mn inynri^ &,Nihilaliud poieft Rex in terns, mfi I D ' SOLUM 
IZSZSSL,* Q«OD DE JURE POTEST. Bra8onl.$«. 9 .f 1 07. Therefore with- 
ioroi5.B;d5. out any perad vent lire, the Parliament m this regard is the mod Soveraigne Autho* 
L\ i c%.l.ic 9 . r i t y 3 and greater in j anfdi Aion than the King. (V) John Bodinthat great Lawyer 
Flml ' ''p 5 * and Politician, refoives^ That the chkfi mar'ktof an abjolute and Soveraigne Prince is to 
Ly*4r ia 5T & ve Lawes t j all his SubfUts in general! , and to every of them in particular without confent 
53,69,73,100 ofanyothir greater, eqttiU, or lefjcthanbimfelfe. For if a Prince be bound not to make any 
& Prerogative > Lawer, without the confent of a greater than himfelfe, be is then a very Subjc& ; if not with- 
1 7r IO? "a*?" out his ejn ill J he then hath a Companion f as (x) Br aVum and others forecit-d, fay our 
MglcnouX E.^///Mving hath; namely his Hades ana Lords^feencc fttfed Comttes: ) if ?m with- 
hidge Hut tons out the confent of bis inferiors, whether it be of bis Su'f'cls, or of the Senate, or of the People . 
Argwne.againfi hcisthenmSoverMgne. Whence it folio wes, that the Kings of England, who can' 




(*)OftheCom- falily averre them to be ) but meere mi xt Politique King, inferiour to their Lawes 
monw. /.i jc. 10 and Parliaments, the fole Law-makers, Law-alterers, though not againft^ but with 
San?' 6f the Kings a:fent , coniidered not abiuacYrvely as Kings, but copulative as a branch 
^aXtici and member of the Parliament. And indeed to fpeake impartially, though the 
/.5A& Fletai. Kings Roy all aflcnt (y) be generally requiiite to paile and ratitfe Lawes : yet I hum- 
l.e.\j.Walfing. 

H'ft.p. 36,37,40. (y) SceS r T omtt Smiths Cfmiton-weM of England: I. ijc.1,2, y.minfht h Dejcnption ef England, 
<~.8./M73. &Cbrimcfcs of tr eland, £.161,162. M,Hack»els manner of pajjing Bits, Seft.Z.f 7t.BiiokVarliament 4.I07 
2 3 H.6.C .3 y 5 3 tf.*> c < 21. Cromptcns lurifdiflicn j.7 K B:\Parliament 26,39,40,41 . 

bljj 



are the Soveraigne To^Vcr. 47 



bly conceive, tli.it the originally piimr, Lq making I ai tide 

thcS 'crity, itfts not in tht ■ Ki [u- 

r ifdic"t intheKingdome,and Parliament, which re] re c . ts ir. 

Forhr.t, admit the King fhould propound anyLawesto his people (.< 
and Law-givers ufually did at firft) yetthefel u!d no wayes obi rm, 

unlefle they voluntarily contented and fubmitted to them in Parliament • .\i\d the 
fole reafon why our Acts of Parliament binde the Snbje&s in former times, and at 

day, is, not becaufe the King willed them (z) but becaufe the people gave (? 4 -. 
their general 1 contents unto them in Parliament, as Sir Thorn* Smith in his Com- 7 /' 7 14. 1 
mon-wealth of Ewg/rfjw/, Hol'mfbed, t he Frohgues to moft ancient Statutes, ( the King '■ 7 l 7j?//6. 
by theadvite, and aflent of the Lords Spiritual] and Temporal!, and Commoris,and ' 7 ' 
at thefpccialj IrequeJtof the Commons in Parliament aflem bled, and by THE * All- t 
THOtUTY OF THE SAME PARLIAMENT, doth grantattd / 
ordainc,Scc.) The Kings Coronation Oath, §tu*v*lgu4 Eu-cv/V.and all ourLaw- 
bookes refulvc, and thatupon this received Maxime of Law 5 §>*od omnes tangit ah ' ; • 

'• iri. Hence* Marim Sal mi mint defines a Law co bc,Exprejfa Civi~ V sfc : 
um Cunicntio,and avcrres., that LigatwpopH u 7-W, q:r if: p zcfis c >?nentii. ■■ - . 

t£ funt Lcg^And he likcwifc proves at large* Tr.it the Larrrs to tvhi I: Frin e< a] D I 

mu)\ isLaxvzs than fhe Kings, became Kmgr dot faffe and gra> 

^ Miniyes of the people, and by their command and direction, and they ^ ^' 
could neither ailent to La wes,nor doe any other Aft of Royalty unltffe the people 
had given them Inch authority : with which Farte/bieconcurres,e. 9.1^, 14- The 
Kingin palling Bils, doth but like the Miniitcr in Marriage, decfaHeh tobeaLa 1 
rut it is the parties con tents which makes the Marriage, and ih: peop'es onely that 
makes it a Law to binde them* whence thote in ( "A Man^ Garnfij^ 

t by our Engtijb Statutes, mr Tenants m Aid ■ : Di nefiie y as hath 

ie oft times judged 5 becaufe they contented not to them. Therefore the chiefeLegi- ,./" 

[lative power is in the people and both Hou trlratnent, n>tin the Kins: as jnn:,gZ. 

it was in the Rim in State, where the (/;) people had the Sovereigns j rifdi&ionof (h I 

ing and confirming Lawes to bindcthemnot their Kings* Emperours,or Senate, lA & 2 " 
»n_ 11 l c Com nomvi 

all hereafter manitelt. 7l 

Secondly, This appearcs by the cafe of (c) Curtomes, of By-Lawes in Corpora- ( C ) Fit%. ■■' 

S and Manours, which binde ail the Corporation and Tenants (if they be rea- 4 1 \*d 

fonablej without the Kings or Lords contents, by reafon ot their mutual! alien cs r ' 

alone • and as thete private By-Lawes oblige all thofc who content to them by iea- A ' R 

Rin of their owne free aflents onely, fodocall publickeA&s of Parliaments obliege 

\\\ Subjects, one!. m in their Knights, Citizens, and 4* -7 

wd{d}reprifentm£theirperfons, l 

dly, all (e) Bills or A&s of Parliament are ufually made, framed, altered, 

.eread, cnvirolfed, voted and fully agreed upon in both Routes, wiibout the '. . 

\in^ peribnall knowledge or privity for the mou p^rt, befon they c< m bis f t n& I 

all ailent. And when they are thus agreed on by both Houfes,the King cannot 

\ liter any one word or letter in them ( as theHoufrsmuv doe ) but muft eitherab- iflr*bji*f.w 

blutcly aflent to, orconfider further of them. And if the King fend any Bill he 

ttlefires to have parle, it mull be thrice read and adented to in both Hcutes ([which 

tjuve power to rej.ft, alter, enlarge, or limit it as they thinke meete) elfe it can be 

no 



t 



48 That the Parliament and kingdom 



no A& at all. A cleave Demonitration, that the chiefe power of enacYmg and ma- 
king La wes is onely in the p§opk 3 Commons, andPeercs, not the King : who by 
his Writ doth purpofcly fummon them to meete and enact Lawes, as the chiefe Le- 
( y )Cro:np. In- giflators. Witnefle this notable clauie in the (j) Writ for the Election of Knights, 
rrf.ofCowtsJ, i and Burgefles: It a quod iidtm MMles plenam &Jitjficientem Votefiatempro S E & COM- 
2. & at the end M U N I T A T E Comitatus predi&i, & diSi Owes & Burgenfes pro SE^COM- 
tfthe maimer of jyfUNITATE Civitatum &Burgorum predittorum divifim ab ipfis babeant, AD 
mmsl^d^d FACIENDUM ET CONSEN TIEN DUM MS qui tunc & ibv* 
dem DE COMMUNI CONSILIO DICTI R.EGNI Cnot Regis) 
noflri contigerint ORDINARI faper negotiis antedittis. It a quod PRO D E- 
FECTU POTESTATIS HUjUSMODI, &c. ditta negotia IN- 
FECTA N O N REMANEANT qtiovit modo : anfwerable to which is 
that clauie in Pope Elmheriw his Epiftle to our firit Chriftian King Lucius*, about 
An. 185. Ex Wis Deigratia, PER CONSILIUM REGNI VESTRI 
S U M E LEGEM, & per Warn Dei potentia v eft rum rcges Britaniaregnum. 

Fourthly, all publicke A&s are the whole Kingdomes Lawes, not Kings alone, 
made principally and folely for the Subjects benefit, if good - their prejudice,if ill: 
therefore the whole Kingdome (reprefentedinandby both Homes, not the KingJ 
knowing much better what is good or bad for themfelves, than the King alone, it 
CO See rStu is (z) jult and reafonable that they, and not the King, (hould be the principal! Law- 
makers, to binde or burthen themfelves with any new Lawes, penalties or re- 
irraints. 

This is the ground of that notable Refcvipt of the Emperour Tbeodofiw tQ the Ro- 
man Senate; which proves the Roman Emperours to have no right, nor power to 
declare or make Lawes, but by the Senates concurring alfent and approbation, 
Ju.fi: wan Cod. * Humanumefje probamus, fi quid de c£tero inpublicaprivataze caufa emerferit neccjfari- 
A 1. /r.i7« & um ^ quod formam gtnerakm & antique Legibut non infertum expo/cat, id AB OM- 
NIBUS aulcm tamProceribus noflriPalatii, quamgloriofifjimoc<etuzeftro^ Patr&s con- 
fer iptij iratiari : & fi UNIVERSIS tarn Judicibw, quam V O B I S placuerit^ 
tunc kgata dittari ; & fie ea denuo COLLECTIS OMNIBUS recenferi : & 
CUM OMNES CONSENSERINT, tunc demum in facro noftri numinU 
confiftorb recitari : ut U N I V E R S O R U M CONSENSUS, 6- mfha 
Sennit atis anilwritate ftrmewr. Scitoie igitur^P aires coJifcripti^ NON A LITER. 
IN POSTERUM LEGEM anftraclementiaPKOMU LG ANDAM 
nifi fupradiUaforma fitcrit vbfervata. Bent enim cognofcimus quod cum zeftro confilio fit- 
erit ordinatnm ID AD B E A T I T LI DINE M NOSTRI IMPERII 
ET AD NOSTRAM GLORIAM REDUNDARE. Therefore 
dcubtlefle he deemed the Senate the chiefe LegifUtors, as knowing better than him- 
iblfe, what conduced to the beatitude of the Empire, and to his owne Imperiall ho- 
nour, and never dreamed of any negative voyce annexed to his Imperiality,to deny 
iiich Ads as they once Voted for ufefull publicke Lawes. 

Fifthly, ft is clearc 3 thatall Afts which give any Siibi]die,Taxes,Penakies,or for- 
feitures to the King, are made onely by the People in Parliaments and not princi- 
pally by the King, iince the King cannot befaidinany propriety to give an v thin^ 
to himfelfe. This is undcnyable by the forme of penning all iiib( ; dic Bills granted 
by the Commons or Clergy. Your Commons ailembled in your High Court of Par- 
liament, 



■> 



1 ' ■ ■ ■ I ■!! I 

are the SoVeraigm Tower. 40 



liamcnt,&c. humbly prefi jefty with the fret and ebeanftea gift of two em 

Majefiy gracumflj tu aectpt s &c lour A/ajeji rti 
jsiti m ?u mdumffirme nfemji 

.. ) Hf Higbnijjcj t ■ in- (4 h.d . 

tii\ )rme or filloreeth. And by the Kings aflent to thefe Bills, paWngti] 

(.:) / a *ft 1 OUR ! VOLENCE, 

the ic folc power Co grant or deny(£J SublidiesandTaxes uhen t x &T 

they fee caufc, and to limit the proportion of them., the manner and time of paying rhcAlb ( -■ 
tluni; and to order how and by whom they fhallbe received and iniploycd; as all i,,.,:i 
A&s of this nature manifefl. Ir then they be thechiefeLaw-makeisin thefc A&s thisprefi 
which lay any impofition upon the Subjects goods,of reftraint on hisperfbn* then p,u! ' 

by likereafonin aJJothei pcnall p-iblicke Lawes. This is infallibly cleare by the C^Jl vfxPf 
Kings* Coronation Oath; who res, That be will yarn, fulfill and defend ALL 74-5* 

R IG H T F 111 L L A W E S and C LI S T O M E S the which THE C O 
MONS OF THE REALME SHALL GHUSE, and fiaU ft, 

ntaine them after bit power, it the Co 'i mor s then a re to chufe Lawes, and the 
King by his Oath bound > ^rant, :i engthen,maiataine and deiend them when cho- 
(cnbythem^thendoubdeBetney arc the chiefeLegiflators,not the King; whence i 

ut c.p. reiblves, 7 bat the P triple ofEnghnd^ are ruled by JUch La we J at themjelics 
cb:tfe or defire : Andth.it their Lures are their ow?i-: b not the Kings. 

Seventhly, all Afts of Parliament made in thefleignes ofufurpcrs who have no ( c )Set i f 4 ,-. 
Title to the Crowne, nor right to atfent to Lawes, ai e (c)fzrwe and good in LatVyOnd 6.+ E .4. 10 
fiaU bindetbe right beires to the Crowne^as is evident by the Lawes made by King 7,,/;//, 4 l,t-Br*Cbar- 
Henry tlie 4,5 ,Sc 6. ( reputed ufurpers by Edward the 4.)and Richard the 3. acknow- ten * Z*} 
lodged an u(urpcr,whofe Lawes are yet in force* Thcreafonis fas is cleare by 1 E. 2,: ' 1 * 
4.r.6.)becau(e thefc Lawcs,and all other Judicial! Acts in Courts of Ju tice, arc the 
y^fts or the Parliament and Courts themfelvcs, which are lawful! 5 notoftheufur- 
pincKing,w hoi sunla wfujl. Therefore certainely the Legislative power is more in 
Parliament than in the King, if not wholly in it, there being Lawes and king- 
domes before Kings were. 

Eightly, There are good and binding I awes in many Ariftocraticall and Demo- 
craticail States (as > in (d)Venice 9 the Netherlands^ Gentva^FUrence^ Switzerland, and ^£?^1 f C " 
other Republishes J where there are no Kings at all -.Yea, there were fiich obligatory t hofcftaccs > & 
l^weslnBobemia^Poland^, y S paint JHttngatj 9 and other Realmes, before they • io c 

ivereereftedintokingdomes; which remained in full force, and efficacy, and ftill ^V'J.»4*f« 
bound both King and People after they became kingdomes- Andthe(<?) Romans, ) 
Athenians 1 Lace km niam Lawes of old made under their Kings, furvived and coati- J ' " ''J'*' 

in their vigour, atter their King were abandoned,and the very forme of their A 
ftates quke altered into an Ariftocracy 5 yea the Lawes made by the Roman S nate 
and People, continued in force after their Emperours wereerefted; and the very 
LexRegia ( recorded by (/) Salammiui) which created^ limited, and defined I 
r.\ r : U . . e, P we ' and Authority if the R.m in Emftr mrs y wat m tde mely by the Senate and (f) D 
People, :rr ' : v that Law gaze fcme/thies more Authority to one Err txd^ 6 • - ■' 

refrained : n | u ' more than other:, and fubjed ng them to fomeLaw 

from which they exempted others 5 and therefore doubtlciTc were the fupreameit Law- ■:..'. : .;. ;.; 5 . 
givers, and the Soveraigne power above the Emperourj as (j) . Salamoni 

G and 



r o 7 bat the Parliament and Kingdome 



and * Bodin prove at large. And the Emperour Theodofiws is not afhamed to profetfe 
* Iuflin.Codick as nu , c h in his Edift to Volufiarw, in thefe termes : Digna vox Majeftate rtanantis 
LiJiunUx LEG1BVS ALL1GATVM SE PR1NCIPEM PROFITERI- 
4 ' JVEO VE AVTHORlT ATE JVR1S NOSTRA PENVET 

AVI HORIT AS: & revera majw Imperio eft jummittere Legibw Pincipatum. Et 
oractilopr Mentis Edtffi, Quod NOBIS LICERE NON PAT I MV R,aliU 
indicamm. If then Lawes may thus be made where there are no Kings, by thepeo- 
ples j ;yntconfents alone ; It Lawes enafted in a State before by confent it be 
made a Kingdome, remaine in force after it is erected into a kingdome,and conti- 
nue after ic ceafeth to be a kingdom,only by and for the peoples confenting to them. 
as is evident by infinite, examples 5 and the people,Parliament,Senate,have ancient- 
ly made 3 and may make Lawes even to binde their Kings, and Soveraignes them- 
felves in points of their Prerogative and power - then doubtMe they^and not Kings 
are the chiefe Soveraigne Legiflators ; and their Royall ailents to Lawes, are no 

wayes eilentiall to the very being of Lawes, but rather a complementall Cere- 
(V) The true mQny 

difference, &c. ^sl i« tlily^ admit the King fhould dye without Heire,no doubt the kingdome and 
^HwonSlan** Parliament have a juft right either to alter the government, or difpofe of the Crown 
Ker* Arag.Com. to what family they pleafe fas the court ant pra&ife of all kingdomes in fuch cafes 
/>. 58 8,589- manifefts, and (d) BiQiop Bilfon himfelfe afTureth us 5 That all Nations once members 
(e) Fcx Att.fy Q j f y e ]{ flman ]? m pire 9 when the right Heirer failed, were fafered to eh& their Governours, 
ll^Spelum. where they pleated, as the Remans themje'ves might doe ) and no doubt they may make 
/> 244. ' binding publike Lawes during the. Imer-regnnm : as the kingdome and Eftates of 

* Mat.WeflAn. * Ar agon did during their Inter -regnums, Yeay f the King bean infant (as Henry the 3. 
1273. />.$-,$, Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were, when the 
sTeedt Holin. Crowne descended to them) or non Compos Mentis, or taken with a dead Palfie or A- 

I Ei. poplexie, oranldeotby birth or Age, or a Monke profeded, (as (je) force Kings 
if) Sec Nubrig. have beene ) or abfent in a Pilgrimage to Rome, or a voyage to the Holy Land,(As 
Spce. Hoi Mat. t h e * j^ cre i s arK ] State Affembled at the New Temple, after the death of King Henry the 
jv?/& others t kj rc ^ duringh^sScnneKingE^Wthe 1. hisabience in the. Hj/v Land, Proelai- 
R.iH/iX^4 ^dhimKing,fworefealty to him, CAUSED A NEW SEALE TO BE 
5,6,8, Ed. 1, 2, MADE; appointed fit Officers and Minifters, for the Cttfiody of his Treafureavd 
3,4> Peace, and proclaimed his Peace throughout the Realme ) or other remote foraine 
(gyrtalfngkifi. p ar ts by reafon ofwarres, as (f) divers of our Kings heretofore have beene; and 
p n *<sVt>eep. fo unable perfonally to confent to Lawes- no doubt in all fuch cafes, the right of 

I I ©3. Graft, p. creating a ProteUor to execute regall power, fummon Parliaments, affent to Lawes, is onely 
45^,447.64^. in the ( g) Parliament, which may in thefe cafes make any publicke A&s without the 
h\bp.4jt..fall Kings perfonall pretence or aPent . andtheafient of the Regent ox ProteS- or, ufually 
H * 7 a [ °4nna?' createf ^ DV them, fhalJ as firmely bindc the King, as if he had perfonally confented, 
la spofierior.p, as is evident by all the A&s of Parliament pafcd during the minority of (h) Henry 
7 •2.703,705, thethird, who was but nine yeares eld 5 Ec^/r^ the third, whowasbutthirteene 5 
706 Richard the fecond, who was buteleven yeares cf age • He??ry theHxt, who was but 
{h) A>h & n j ne nionetns )cj . Edward the fifth, but twelve yeares ; Henry the eight noteigh- 
7-2 See Hoi, teene y eares ; Edward che lixt but nine yeares of age,when they began their Reignes- 
Speedrfrafi. in and Co uncapable of giving any perfonal! confent to Lawes bv themfelves (of which 
ihcir hves. they could not judge, but by their Protestors,*) and by all A'fts made in the abience 

of 



are V c SoVcraigne To^er. j k 



Of King (i) \ hefirlt, Edward the 1,2,3,4. Hairy the 3.2,3,4,5,6. and otfa 

QiitofthcRealnicj all go >dand blading 1 awes M appeares by 28 H. 8.c. 17. (i 8 ej& 
which altered, and 33 H.8.c.2», which ejeclarcth the Law in theft particulars. A V v '* r l ; p *' ' ■'"' 
clearcdemonftrati >n 3 that the Parliament is the NO'l abiblute Suprcame poweiynJ 7^70* 706! 
Law-mvc V'"t che Kniii. 

Tenthly, TheKinghath little or no hand in making, but onely in aflcnting 
toLavves, when they are made by the Houfes. as the ufuall forme of patting Acts 
(Le ReyUvcuh) TbeKmg wills (or affents to) it, not before, but after they huve 
palled both Houfes, imports: which ailent of his, it the Bill be j ublike and nc- 
ceflary forthe Common good, is not mcerely arbitrary at the Kings will, but the 
King by Oath and duty is bound to give it. and the Lords and Commons may in 
juftice demand it of meere right,as I (hall ihew anon. His doyali itfcnt then,though 
it be the la'A aft which compleates Bils, and makes them Lawcs, yet Lnceitisbut 
smaflenttoaLaw formerly made by both Houfes, which he cannot alter in any 
point . Yea, an affent, which the King in Honour, Law, Juilice, Duty,by vcrtue of 
his Coronation Oath, is bound to give,as appeares by the Prefaces of molt Statutes, 
the Statute of Provitours, 25E.3, Parl.6.20 E.3. and other Atts) it is fo tar re horn 
proving the King the Suprcame power and Law-giver, that it manifeth the contra- 
ry, that this power principally relides in both the Houfes, not the King. 

Eleventhly, The kingdomes Soveraignty and fupreamc jurifdi&ion above the 
King is mot apparent by thofe Coronation Oathes, which Parliaments and the 
kingdome anciently, long before, or atlealhvife in King Edward ) dayes, before and 
ever lince the Conquelt, have prclcribed to our Kings ere they would accept oi them 
for their Soveraignes, of u hich I mall ^iwt you a fhort account. (n) Fox Art.& 

Before the Conqueft, I read in (n) King Edward the Confffors Laws, not onely the ^™' Edl \ **+*? 
Office, but 04//.; of the King oiEngland, (whom he and Bration oftitiles, Gods and ^uJi^j!^ 
Cbriftj Vicar upon earth*) thus excellently defcribed. A Ki?ig ought above all things c 

trtOod: to love andobferve his Commandements,and caujethem to beobfervedtbreuj) £'»"■'' ■"■ '.7. 
his who'e kjngdome : He ought al t Co to fet up good L awes and cujlomes, fiecb as be whole fome Sl1 "' ; v ** 
and approved, fuch ss he otherwife, to repeale them andtbruft them out of his hjngdome. Item, * f-W- 

he ought tn doe Jufi ice and Judgement in his kingdome, by the counfeU of the Nobles of his 
Rtalme. All thefe things ought the King in his owne perfon to doe, talking bit Oath upon the 

. ngeliftt) and the blcjfed Reliques of Saints -, fwearing in the prefence of the whole Stat' 
of his Realme (as well of the temporally as ofthefpiritualty) before be be Crowned of the Arch- 
bifaps and Bijhops. Three fen ant j the King ought to have under him at Vaffals, fiefioly lufl } 
avarice, and greed V defire, whom if be heepe under as his fetv ants and jlaves^ he full Reigne 
well and honourably in bis hjngdome. He mufl doe all things with good advifement and pre- 
meditation : and that properly belongeth to a King: for hafly rafmeffe bnngeth all things to 
ruine ; according to the fay in* oft be Gofpell^Svery kjngdome divided in it felfe pall be brought 
to deflation. Mafter ( 0) Fox informes us, that William the Conquer our through the ($)yrf.i p 1 1«. 
peoples clamour promifed to confirme this KingEdwards Lawes, but the mo ft part of them 
be omitted, contrary to his Oath at his Coronation. Indeed, I finde not in * William of * Indie tifcof 
Malmesbury, Henry Huntingdon,Mattbtw Far is, or We ftminfur, that William the Con- WwHiiheMi 
epterour tookz this Oath at his Coronation ^ but onely, that he was received by the 
Clergie and people at London in great triumph, & kl& OMNIBUS REX A C- 
CLAMATUS, and proclaimed King by them all,and then Crowned : but Ro- 

G 2 get 



V2 



"that the Parliament and J^ingdome 



gcr de Hovcden>and Daniel out of him, arc expreffe in point 5 that according to the 
accullomed forme, the Bifbops and Barons oftheRealme tooke their Oathes, to be 
his true and I oy all Subjects ^ and he reciprocally, being required thereunto by Aldred, 
Arch-biftop of Torke, who Crowned him, made his peribnall Oath before the Al- 
tar of the Apoille Saint Feter, in the prefence of the Clergy and People; That he would 
defendthe holy Churches ofC/od, and the Ritfors of the fame ; Likgwije that he would vovern 
all the people Subjetf to him juftly* a?id with roy all providence: R E CT AM LEGEM 
STATUE RE ET TENERE, ( which referres to future LaWes ) that he 
would eft ablifi and obferve R I G H T E O U S LAWES; W that he would utterly 
prohibit rapines^ and unj uft judgements. Nor did he claime any power by Conquelt 
but as a regular Prince fubmitted himfelfe to the Orders of the kingdome • defirous 
to have his Tettamentary title (howfoever weakej to make good his Succeffion ra- 
ther than his Sword ; the flattery of the timeonely giving him the Title of Con- 
querouraftefwards -, but himfelfe not claiming it. But William fbone after forget- 

* H//?.f.44c, tin g t fc s ^ is f l em ne Oath, did (as * Speed with others write ) abrogate for the moft 

part, the ancient Lawes of the Land^ and introduce new hard Lawes of his ow?ie,written in the 
Norman tongue, which the people under ft ood not , and the Judges wrefted at their pkafures 
to the forfeiture of Goods, Lands, Life. Hereupon the Nobility and Natives, feeking to caft off 
thefefnares and fetters of his Lawes , fit up Edgar Athelingfor their King and General} once a* 
gain,&feU into a new confpiracy,raifmg great forces,& rejolving to makjt the fword their judae. 
The King hereupon by Lanfrankes advife, who as Kehoboamsfages, gavebimcounfell,fome- 
■what to beare with their abufes^ rather than hazard the mine of all in fight , appointed a mee- 
ting at Berkfeamftced, Anno 1172. Where the King cntring parley with the Englip Nobility 
didfo farrcwinde himfelfe into their good opinions , that they all forthwith laid downe their 
weapons. And he for his part fearing to lofe the Crowne withfhame, which he had gotten with 
tffufton of fo much blood, gave his Oath upon the holy Evangelifts^ and the rtliqua of Saint 
Albanetht Martyr : ( the fame being miniftred to him by Abbot Frederick ) fwearincf 
r. ; < obferve, and inviolably to keepe the ancient Lawes of this Land, and moft ejpeci ally thole 
tompiledby KingEdward the Confejjor 5 though fas the event foone (hewed ) he little 
meant to doe as he promifed. Peace thus eitabli(hed 5 this conference ended, and the 
Kings Oath received, the English Armies disband themfelves, as dreaming they had 
uow good fortune by the foote, and hoping the greatelt ftormes of their dangers 
were part- which prefently proved but a vaine furmife. For King William having 
impounded with the Vanes, begau extreamely to hate the Enplifh Nobles, and 
with full resolution of their deftru&ion, mddenly fet upon them apart, which hee 

* See Timtindon ^ ur ^ not attempt when they were united ; fa that* faying many, imprifoning others, and 
hiji.lj p. 1 6g. perfecting all of them with fire and fword, well was he that could be fir ft gone. Such little 
Mai.Par.hjji p. faith, or affuranceis therein the folemne Oathes and Proteftations of Kings to 
(a.)muWe(tm tnc * r Sub j efts » which are feldome really performed, and intended onely as fnares 
rftf/UoYs. Earf- to mtra p them, if they confide and rely upon them without any better (ecurity. 
mm kift.l, 1 .p (a) After the death of William the Conquerour, William Kufm his younger fonne, 
15,14. Mmb. in the abience of Robert the elder Brother,hailens into England,to obtain die Crown; 
*i"spfed'tift and findin £ tne greatefl part of the Nobles againft him 3 he gave his folemm Oath and 
p.4l6*Graftp] fa^h* Lanfra??keArcb-biftop of Canterbury hisTutov, that if they would ma- [e choife of 
*t,i2.Malmsl>. him for their King, he would abrogate the over-hard Lawes of bis Father, andpromife to ob- 
1 4./>. 1 1^120, fervejuftw 9 equity andmercj throughout the kingdome in every bnfineffe^and dejend the Peace 

and 



are the SoVera'wne Tower r i 



vu i j _; tinfl til men- and eaft them of all bardtaxetMpon which i 

diuon rttibutf mneial'mm animis, by the voluntary conlei >y- 

ces of all,hc was chofen and Crowned King. Which proraifeand Oath be (bone ai 
brake* (aying^ita is it that can fulfill hit fr Whereupon many of the Nob! 

levyed warreagainft him, adopting Robert his elder Brother King. (jffWilliam Rufus q, 
dyh i this younger Brother, inthe lifcof Robertthc right Heire af- 

fembTing all the Clergy and people together to L< u I n % to procure their favour and www /■// 
Ioyc e him for their King and Patron, He promifed the Reformation of Mi- 

le Lawes, by which England had beene opprefled in the Reignes of his Father '*'?•** 
thcr. To which the Clergy and Nobles anfwered: Thatif hec would j 
with a willing minde reforme chofe rigorous Lawes, remit the Taxes impofed up- 
on the Subjects, and by his Charter continue thole ancient Lawes and Cultomes - hki 
which- flouriihed in the kingdomein the time of holy King Edward % they would r,1> 
unanimouflyconfenttohim, and consecrate him for their King. Which hewil- Graft.pzVs'p 
UnglyailentirigtO) and affirming with an Oath that he would performc • he was by p.Je6^6f. 

auent both of Clergy and people confecrated King at Wefminfier^ promising by 
Oath, to ' x Edwards Lawes, and renounce all opprejjion $ in purfuancc 

whereof as fooneas he was created, he by his Charter confirmed and reformed di- 
vers Lawes for the ea(e and benefit of his Siibje&s, recorded at large by Matthew Pa* 
rUiSpeedyind others- The beginning of this Charter is obfcrvable. Henry hj the 
God) of England^ &c. Kno - ye, thai by the mercy of Gad, and C O M M O X 
CQHMSELL of the Barons of the Ksngdomt of England, I am Crowned King, And 
uft the fyngdomewas opprejjedwithunjuflexaflionj, I,outofre'pcii to God, and the 
I ire towards yon all, make the Church of God free^&c. And aU the dill a/flumes 
wherewith the kjngdome of England wot unjnfilj cfprcjfcd, I take from thence, which 
evill enflomes I herein part fit downe. And in the end or his Charter, he confir- 
med and reitored to them King Edwards Lawes, with thole amendments of them 
which his Father made by the content of his Barons. After which, thole Lawes 
of his were publifbed through Al England, and tXawtlpb Bifhopof Durham banish- 
ed the Court and committed to the Tower, foi his oppreilion, bribery, and other 
crimes. Henry deceaiing (c) Maude the Empreflehis right Heire (to whom the 
Prelates and Nobles had fworne fealty in her Fathers lite time) was put by the ( c )Mjt.Pa;.Lv. 
Crowneby the Prelate? and Barons* who thought it baleneflefor ib many and fy/,'/ 
great Peeres to be fubjett to a woman, and that they were freed of their Oath by 17^179 /go 
her marrying out of the Realrae, without their confents, and Stephen Earle of tfen.Jfai$,l.ln 
Mortaine ( who had no good Tide ) aflTemblingtne Bifhopsand Peeres at London, t^^fiiJh 




tlx Churches Li Covenants, and cotafirme them with hit 4* 

Charter 5 according to the old Proverbe ; ^uamdiuhabibitmefroSii u >te 

ft Lt All this the King at his Coronation fwore, and promifed ro God, 

the people, and Church to performc. And jjrciently after going to Oxford, he fin 

purfuancc of his Oath) there fealed his forc-promiftd Charter of many indulgent, 
favom s : the fumme whereof was tins. 
that all Liberties, Ciifiomes, and Pdjji-Jions granted to the Cbnrcb 9 fiottld be fir me and 

G 3 vi. 



54 



That the parliament and Kingdcme 



in force - that all bad ufages in the Land touching For efts, ex anions, and annual! Taxes which 
hit Anceftm ufuilly recemd^pou'd be eternally aboliped • the ancient Lanes reflorcd ; pre- 
lacing therein, (d) That {ye obtained the Crow** BY ELECTION ONELY . Hie 
dAftnfH.Chn autemfpecialiter, &*!ia>multagenerather, Jefervaturumjurav:t^ fed nihil hornmqu* pee 
& popular. Re- p r0 mlferat, ebfervavit, write Matthew Par is t Hoveden, and Hun tindm. Pene omnia per- 
gem AnglU els- p tram m mavit, quafi ad hoc tintitm jxrajjefjta pravaricatorem Sazramentifi regno toll often- 
&m, Mdm.f. ^^ ^.^ /tftimesbtiry. * Granting tbefe immunities rather to blinds their eyes, than with 
* See Speed p. am purpsfe to manacle his own* hands withfueh parchment ch tines : Such faith is to be gi- 
483,484. veVtothefolemncft Oathesot Kings, Butthishis pe. jury was like to coil him his 

(e) Hoveden p. Q rownc his prelates and Peeres thereupon revolting unto Maude.Thc form of King 
49 i.Grafp. 50. ^^ t ^ fe con( \ ri j_ s Oath I rinde not j onely I read v e) that upon hk Coronation he can- 
fed the Lowes to be reformed, by advife of difcteet men 'earned in the L aw, and by hid Procla- 
mation commanded \that the good Lawes of his Grand-father Henry flmdd be oSfirved and 
firmely kp* throughout the Realme. Wherefore it is probable, he tooke the fame Oath 
V^ned*' that'he did. (f)Richardthc nril } fucceeding,at his Coronation in Wefiminfter Church 
6%'MfiJpo - comroing to the High Altar, before the Clergy and people tooke thisiblemnc Oath 
dtg.Neuftr.An- upon the Holy Evangeliils, and many Saints reliques. 1. That all the d ayes of his life 
1 i8 9 .p. 4?»46 . } K xwtld heart pace, honour, arid reverence to God,and holy Chttrch,akd the ordinances there- 
Speed p. 5 3°. ^ ^ That to the people committed to his charge, he would exercife Right, Juftice and Equity, 
2 . That he would abolifh naughty Laws and Cu femes if any were brought upon his kafigdome^ 
and would enati (rood Lawes, and the fame in good fort hepe, and without Mal-engin. Which 
Oath molt folemnely taken, Baldwin Arch-bifcoipot Canterbury, (landing at the Al- 
tar forbad him in the name of xAlmi^hty God, to aflfume that honour, UNLESSE 
HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE- 
W hereunto Richard ASSENTING, and promifing by Gods helpe to per for me all the pre- 
^ H 2to%t mi fi s WITHOUT FRAUD; With his ov/ne hand humbly taking the Imperial* 
7 p 9 A 9 ^oJp. Crowne from the A!tar D delivered it to the Archbimop, whofet it on his head, (g) 
V- 54 8 > 54?- King Ri:/>W deceaiing, John his younger Brother, to put by Arthur the next heire 
550 Secfoly. to the Crowne, came fpeedily out of Normandy into England • where the great a(- 
Virg.HoLDan. g^y- at Northampton, to preferve their Pughtsand Liberties, were content to accept 
p. 117, 1 1 . O flji m 'f or their King, to yeeld fealty, and keepe faith and Peaei to King John upon condition 
onely, if he would reftort to every of them their Rights • which,he afterwards violating it, 
was the occafion of great diiiention s. Comming to London to be Crowned, Hubert 
Archbifhop ofCanterbury, (the Pillar of the Commen-wea'ths ft ability, and incomparable 
for deepe reaching wifdome) fteps forth in the mid ft of all the Biihops, Lords, Barons, 
and others there aifembled at his Coronation, andnbake thus unto theffl. Hearejee 
all you are in difcretion to know, that no man hath right, or any other fore-title tofuccecd ano- 
\ A }r;in ^ n , thlrisi a tintdme* nnkffeftrft (with invocation for gr ace, and guidance of Vods Spirit) he be 
;;£ P BY THE BODY OF THE KINGDOMS THEREUNTO CHOSEN, 
and be indeed Come choyce ?nan, and picked out for fame eminency of his verms, according to the 
example and fimilitude of Saul the fir ft anointed King, whom God fit over his people^ though 
neither the Sonne of a King nor of any royall defcent. So after him likewifc David the fin of 
Je fe • the one for being valorous, and aperfon fitting; Royall dignity, the other for being holy 
and hum hk minded. To {hew, that who fever in a kjngdomc excelleth all in valour andver- 
tue, ought to furmount all in Rule and Authority : yet Jo, as that, if any of the Of-fpr'mg of 
a deceafed Kingfttrfjjjeth 0. hers, It is fit joyntiy h confent in elettion of fitch a one. This there- 
fort 



are theSoTeraivneVoTlw. 



a 



fire i •''" e f°hn | V our n 

illnftriouf Kin% Richard n dyvaMmgan wb mhrh , 

. . we bjLVi | ' I'Jly 

ELECTED, ;< trellin regard of his Meritt 9 as of bit rtyall 12. cor]. Neither dc 
doubt or demurrc on thefe things, knowing that the Arch-bilbop had not thus de- 
fined u ithout cauie. V\ hcrcfore Earle John^A all men approvingthis ipcech,they 
ELECTED and ASSUMED the Earle for their King, and cryedoiu Uyii u, I 
. But t!ie Arch-bifhop being afterwards den anded,why he had Ipol 
theie things ? anfwered, That be was ajjured by fime divining farefig£t 9 that King [< hn 
irfy the mine of the kingdumc, corrupt the CYonv/t-, and precipitate it into great can' 
Mum \nd tb it be might mot have the reives fee to doe this, he OUGHT TO ! 
CHOSEN BY ELECTION, NOT BY SUCCESSION. King John at this 
his Coronation was involved in a threefold Oath : namely, 1h.it he fould \ 
Church and its Minifers^ andpreferve it barmelejje from the inxerpon ofMaligiants* % 5 
abolifbinzperverfcLtrveS') he fhould fuhftitutc good ones, arid exercifi Rigfit judgement 
t f x ij - L Alter which he was adjured by the Arcb-bijbop, in the / • 

God, and ftri&l) : . /, not to prefume to accept this honour unleffe he fully purp fd in 

bis mindc, aBuaUytofulfiH\ baafiwrni. To which he amwering, promifed that 

In G a& ajjiftance be would bima fide kcepetbofe things which he had (hrorne. After which 
he rightly ietled the affaires of England by thccounfell of his Nobles, and then pat- 
fed over into Normandy. But how ill he kept this his Oath, with others or this na- 
ture • and how he violated the Statutes of Magna China and De Forefia, which he 
had confirmed with his hand; feale, Oath, Proclamations, the Bifhops Excommu- 
nications, yea, the Popes Bull,within three moneths after he had confirmed them, 
and procured a difpenfation of his Oath, an abrogation of thefe Lawes from the 
Pope,makingbloody warresupon his Barons and Sub} els ( whoa,n. L :ding to thole 
finuations and royal promiiesexpc&ed no fuch ftrange performances) fpoyling, 
robbin^deitroyinc his people every where, in the felfe-iame manner as we now are 
plundered ;* the Hi lories ofhis life too manifeiily relate; which 6ft put his Crown „ q. ( .( xt 
in danger of utter lone, Lents of Fran, t being Crowned King by the Barons in his 9%{0 .M-- 
itcad, who renounced their allegiance to him, for his perjuries and breach of faith 7.143, to 47, 
and ma' 




yeares 

of; 

inons, (h) 1 that though King John for hit evtU demeanours deftrved their /, and up ■. 

ofbisCoiv7i-\)ethi<youngcbid) tender in yean .n\»s pure and innocc?it from bit Fathers p -1 ; 1 
reforefil I m is to be charged with the burthen of his own* i WW, 

be childe (as Scripture: tear} Learc the miquily of his Fa:! t of 

J canfeienceytobi nfefots mi -Prince^ andtal 1 -en 

■ much v he pas Johns naturaU-and el 
tajpflar.ee AVF01XT HIM 
■ • IfHppreffehUpeople^whieharea 

j U; n which per fvtafien H ra ; ■■ .miy 

pioclaiiried and Crowned King were bar an infant, ycr being (/;. fee be- (i) Mat.Par.f, 

beHigh Alrar, he • P.vorc before [he Clergy a : ; I upon rhe Hoi' E*angf lifts aid divers 278,505. 

I Samrs R-el tb , Tbatbe 1 

to God, to sofhslife. He like* 

rigf.t jufllce <vn:vgtb *rge\ Aid that be would - ra- 

tes t 



% 6 Tb.it ihe Tarliameut and Kingdom? 



.::?,if there jf.oul J. !'■:■:■ \ in the l-J'\i •?!:.. v. iodones^andcaufetbemto be kept by all wen: How 

(7.0 In his Id - u c ^ he obferved this folen ne Oath, with many orhcrs of like nature made ro hi s Lords and Subjccls,for 
livnTrgu. i^So on of Magna Cb.vta, and their Liberties, (/^) Matthew Park willinfonneus 5 who wrires, 

p?,y6. "9 j -, Tl?at tlx King in all his Oatbes and promijes did fo fane tranjgreffi that the Prelates and 

9 5 s > < J9i y 0- ~ ' n ' t9 ^ e ^ r,;A ' Proteus f be King \ for what there tin: truth,there can be nofixed confidence: 

That though be Sometimes buinbledhitnfelfe, corf (Jhg thai he had beene often bewitched by ill counjell, and 
prwifed with a great Qathfolemnel) taken up:n the Altar and Coffin of Saint Edward, that he would plainelj 




(l)H\fiMgp. 

I, fingh&m norcs ) yet none would afte rwai d feared andfifpe ?ed his words and . ./M,and 

ro avoid the in famy of perjury , which h- feared,/;? jenl to the Pope to abfolve hi<: f"m hit epen- 

ted of who eafil) granted him an abfolutionSudi frith, fuch affurance is there in rh*. Oarhes, the rorefta- 
rionsof Princes to their Sub jefts ; whofc Poliricke capacities oft times have nei fiei foule no: confei- 
ence, and feldome keep-cany Ca lies or promifts, no further than it Hands with their owne advanta- 
ges, tepnringenel) pirn* frauds, to over-reach and inrrap their credulous people 1 hi^ pcrhdiouf- 
neile ;n rhe King, made his long&eigne full <si troubles^ of bloody civil! wanes, and oic rimes endan- 
gered the vcr) !o:fe of his CrowueandKingdome, as our Hiitor.ans in forme us, for which he repen- 
ted and promifed amendment at his death 

(ni) Lib. l.c.$> (m) Braftc'n an anrieiu Lawyer in this Kings daies^vrirc 1 . T at tie King inhis Coronation OUGHT . 

J.I07, b in C u [- taken in the name ofjefiu Chrift, ic p, omife theft three thing? tc the people fubjeft to him* Pirft,that 

her< -. ■ iohispifwer, that trueptacefhatt.be kept to the Cbisrcb and all Cbnflun p::- 

pi: in bis time. Secondly, "that he will prohibit } ap':ncs ( orpfunderings) and all iniquities, in all de- 
grees. Thirdly, That in all judgement she wit! command equity and mercy, that fo God who h gracious and 
npxifktt maybe ft cw his me r) ''■<■'' n->andtbatby his fuftict aS men may enjoy firme peace. For (fairhhe) a 
Kjngn SACRED and ELECTED (rowir,by his Kingdoms J) _/cr :/;« end, to dtejuftste unto all; for if 
. were.no juflief 9 peace w uldbe cap.'} exterminated^mdit would be invaine to make Lawes,and doe juftice 
mi ') t cue t defendthe Lawes',&c. 

Thefo me of the Kings Coronation & Oath ever fince Edward the fecond hath beene rhis,and is thus 

00 Mae. Char aAtamftred (p)Tkz MempoSti p that is to Crowne the King, with a mean • and diflinB voyct fhall 
Printed Cu. n intensga: . Oath the Lowes and Cuftoma granted t of England, by 
VrhilegioLon- ar€tent ? juft,anddevcut Kings towards God, to the feme people, and ejpccialty the Lanes, and Cuftomesyond 
don 1*558. part tibertses granted by glo'ious. King Edward to theClergie and People, And It HE SHALL PKO- 
*.f 164.0 J*ru- ^ * S ^ r ' lar ^ c u '' an * ent ro a ^ r ^ c i ^ cc C ^ 1C Meno poliran brB>fhop expound to him, what things 
lmntum Regis hc fl '- l!l ^c^xc, fa) !n£ thus. Thou/halt keep: to the Cburc ofGcd, to the Clergi ..,;/, f 
muandocoronawr ^ concord mOod, according t* thy power j The King fhaH anfwer, / will J^cpc it. Thou flaA cauft to be 
Remonftr tm e ^one in all thy judgements, equal! and right jujiice, and di fere tun, in mercy ar.dvaity, according to thy power. 
Nov2vii 'o ^ e ^ la '' an!wcr ' Iwilldoeit. Jlxu grant eft jnft Lewes and Cuftonvs to be kept, and thou dod promift, 

. .p. . ^ f t} ^ Lmc .jj u f / fa j otc g ec i ar j t onfjrmedby thee. to the haw of God, QU AS V II L G U S E- 

1 QlScc thePar- ^ EG ^^ V ^ T ? n-hnh lie pc(p!:JbiU (!A^,acrcrd:ngto th pener iBcilullanfctr \ I dee grant and pro- 
laments Pve'- " in *fe' Anc -' ^ urc n '' 1 ' v Dc acicJed ro :5:e fore ^^ Interrogations, what other things fliall be ;uir. All things 
monitrance of ^ Cill S pronounced, heAiall wirh an Oath upon the Akar prefenrly taken bcore all, conrirme that lie 
the 26 of May UlJ1 ooilrvc ' 1 '' rhefethings. 

r Q His M ie- There huh beene a !ax unhappy difference raifed becwecnerhe (^) King and Parliament about the 
It 'V s Anfwer wor ^ ^L E G £ K TT ; the Parliament affirming the word ro fignifie, iJjjII chute ; according to fundrv 
ihe to d 16 w " c r? n RoHesandPrinxd Copies inLariric and trench, the King onthe contrary arfnming, it (hoard 
1- ^ tl'e P. rii'- bc ; SLli "' le cn * 1 obferves the words of thefe ancient Oa'hes: Populo tibi commijfo reliam ju- 

ainents Kenlv" $**** m att * ef **'* " £riniqu4$c6r.futudines % ft aliqiuc juerim in Regno tw^<kUbis,fy bonasob- 

Nt+)i Difltt^^ all jn the future tence ; andtheverbesi fervaMs, Paciejfieri 9 protegend.**, cor roborandts in the 
• .p. y- former and fame cJaufcsofthe Oath now ufed, all of them in the future, with the whole Scope, intcr.c 
* j.,j p , and purport ofrh : s part of the Oa'h, mult neceffarily gram, fi ro be the true reading ; and that 

~ji~ J ! it refines to ih f* future Lowe j t to be t - nadeinVa nor ro thofe onely in 

"' , '' flf? Cnt beihgwhen the Oath was adm"«nii\rcd ; elf e K .ings fhould not be ©bliged by their Oarhes, ro keep? a- 
againtt up- nN p ,,, c . raac j c p .f iCr t j lc i r Coronations b) their owne afient?,but one!) thofe theii Predtctflbrs affented 
money,p.ji. to^not rhemRlves, winch were moft abfurdto afnrme. But becaufe I have la'gely debared this parncu- 
determines o. j a _ irc | ^ VCn vca :v a counr f ur |^ [ n g S Coronaion Oa hes from King Richard ihe feconds Rcigne 

dou nt ward, in my fo'fowing Difccurfe, r^d dc bare of ihe King; : ; 1 gam c 1 oyce in paffing Bits 

in Parliament,! Ihail proceed n j further in 'his fubjeel here. 

From 



arc the Sovcraigne Power. 75 



From thefa fcvcrall Oathtsand P-ilFagcs 3 theuiuall forme of the Nobles p* ;- 
chiming fuch and fuch Kings ot" fnglaud^ht (>) fore-cited Hiitories ; the manner ( ; Pag.« o. 
ot our King* Coronation thus expuiied in chcclofc Roll of 1 R. 2. n. 44. After- 

rear ds the Archbtfitp 0; bfcry having tdleen the corporal! Otith of our Lord the 

Ktnf, to 0, . ait ftnd ketpf) and with his (Kith to co-fume the Lnwes and cuslcmes granted 
to the people ofthi Kingdome uj England,^ .inc.. tjjnft, and devout Kings r/England 3 
the progenitors of the faid King % and t \ he Luws^ Cuflomes and Freedcmcs gran- 

ted to the Clergy and people of the (aid K inn dome 3 by themofl glorious and holy King 
Edward, to k* t pe to God and the holy Church of god, and to the Clergy and people ;peace 
and concord in God entirety, according to his power , a>.dto caufe ecjuall and right Irftice 
to be done, and dtferetien :n mtrcy ana truth, and alfo to hold and keep the jufiLawes and 
cufomes oj the (fhurch j and to caufe that by our f aid Lord the K"g they JJjouU be pro* 
tetledy and to. the honour of Gcd corroborated, which tie PEOPLE S H O LI L D 

JUS1LY AND REASONABLY CHUSE to the p wcr of the faid 
Lf'rdibe King : the afvrefatd Archbifljop , going to the faure fide s of the /aid Sc>< ffold^de- 
clartdand relattd to alt the people . how that our Lord the Kir.v hud tak?n the faidOath^ 

iauirwf ./"THE SAME PEOPLE, IF THE Y^ WOULD CON- 
SEN I TO HA^E HIM THE1K KING AND LIEGE LORD ? 
Who with ONE ACCORD CONSENTED THERETO. Which ^ 
*Tbem4i6\ fValftnghum who t dates the who, e forme of this King* Coronation thus 5? -I 
deki bun. §h4ibHd comphtis^Archieptfcopud pr&cedenteeoCMartfcalh Anqltx Hen- 
rico Her cy , convernt it ad omocs plagas Eccltfs , INDICANS POPULO 
REG1UM JURAMENTUM&quaerensSl S E T A LI PR I N C I PI 
AC RECTORl SUBJICERE,0~<7«* \uffionibm obtemperare V E L- 
LENT, ET RES ON SUM EST A P LE BE refono clamore, Q_U O D 
LUBENTERSIBI PARERE VELLENT.Whichcuitomeboth be- 
fore and iincc hath been conrbntly in this Land obferved at the Coronation of our 
Kings : fromallthefeliay it is apparent : Firft, that Popiih Parliaments^ Peeres, 
and Subjects, hive deemed the Crowneof England not meercly fucceffiveand here- 
ditary 5 though it hath ufually gone by delcent. but arbitrary and ete El ivejnhen they 
faw caufe, many of our Kings comming to the Growne without juft hereditary 
Title 5 by the Kingdome2,Peeres, and peoples free cletliw enc/y confirmed by fubie- 
quent A&8 of Parliament., which was then reputed a fufficient Right and Title ; by 
vertue whereof they then reigned and were obeyed as lawful! K*«nps, and were then 
and yet lb acknowledged to be ; their right by EleRion of their Subjects (the foot- 
fteps whereof doc yet continue in the folemne demanding of the p .fents at 

our Kings Inaugurations) beingfeldome or never adjudged an illegall utirpa'tion 
inaoy Parliaments: whence theftatuteof 1 E. 4. c« b cV <?E. 4«f.2. declares King 
H r.iy the 4. 5. and 6* to befucccffively k ings ofpr.glatd indeed, and not of right , jet 
net ufurp rs becaufe they tame in bj Parliament, Onely Richard the third ^ (vtho trea- 
cherovfly murthered Er- $• hps Soveraignr, and violently nfnr.ped hu Crowne, at 

firfl; before any Parliament gave it him . compelling the Lords and Commons afterwards 
to EleB him Kino- out of fare , after his fl aught er in Bofworth field,) vedt declared an 
ttfurper by Aft of Parliament I Hen, 7. c. 6, and Co adjudged to be by 8 H.yS* I. fee 1 E. 
4 c. 1 &c 9 £♦ 4. f. 1. 2.and Henry the 7. had the Crown fet upon his LeaJ in the fi-id y 
by my Lord Stanly ^as though faith ($) Grafton ) he had been eUc~\cd\>inv by the veyce . v p s -« 

c/f, as in ancient times pafl in divers Rea/mes it hath h en aeeuftemfd,Secr>ri(' - 
Iy,that thofe Kings who have enjoyed the Crown by fucc'.iTionjdefcentjcr clc#ion, 

H have 



78 That the Parliament and Kingdomt 



have ftiii taken it upon the conditions and covenants contained in their Coronation 
Oathes ', which if they refuted to fweare to the Peeres and people , realty and bona 
fide to perform*, they were not then to be crowned or received as Kings, but adjured 
(t) Cooke 7-Re- ^ ^ mme g fQ 0C { t0 renounce this dignity. And though tn point of Law,(i)thofe who enjoy 
Cdvins crfe\ *^ e ^ r0Vpne h Succeffior^ be Kings 5 before their Coronations 5 yet it IS it ill upon thofe 
Hmd. ViUvi- fabfequent * Conditions both contained in their Coronation Oatbes , which impofe no next 
tm Defin.VJcis but onelyrarfie the old conditions infeparably annexed to the Crown by the Common Law^ 
-pxts, t< c,iu ever fince Sdward the Confeffcrs dates, afid long before, as Father * Littleton tefoIves 3 

* Littleton ',fea. £ tne Office of a King being an Office of the greatest truft of any other., which the Com- 
frohulnht mon ^ A7V i binds the King well and lawfully to difcharge, 1 doe that which tofttch O ffce 
Ibid. f. z3 2* belongetb to doe ) as the Oathes of all our Kings to their people ; really to performe 
233,134. thefe Articles and Conditions , fully demonftrate. Thirdly., that thefe Oathes are not 

mcerely atbitrary or voluntary at the Kings pleafure , to take or refufe them if he 
willj but neceffary and inevitable 3 by theLaw,and conftantufage of the Realm, yea 
(v) %ildus °f a ^ Q v ) Chriftian mo ft Pagan Realms whatfoeverjvhich prefer ibe like Oathes to tkeir 
Vroxm defend* Kings. From a 1 which I may firmely conclude, that the whole kingdr.me and Parlia- 
n. 3 *. Di. Cra- mcnt are the Supreame Soveraigne Authority- and Paramount the /y«f 5 becaufe they* may 
JewMetence lawfully ^ and die ufu,ilty prescribe fnch conditions, termes^ and rules of governing the peo* 
° 1 6 to\ 7C: f^ e t0 ^ tm, > An d bitd him thvu by Oath, faith fully to perfor?n the fame ? as long as he foall 
Gr/mjl.lm?L\:r continue King ; which Oath our Kingsufually tooke 3 or at leaft faithfully promifed 
nil hift. p.6^ to take to their Subjects in ancient timeSj before ever they did or would take an Oath 

* See fomj cue, of feaky, homage or Allegiance to them 3 as the premiles evidence, & Clavf.Rer. 

Revet? Re*U Tenthly 3 Our Parliaments and Ktegdome anciently in times of popery, and Pa- 
Jnph.U'C.7, ganifme have both challenged and e xerc i fed a Suprea me power over the Crowne of 
$>9* England it felfe 3 to transferreit from the right heire , and fetle it on whom them- 

f^g7^j9- felves though*; meete to elecl: for their King; and likewife to call their Kings toan 
account for their rnif-gov£rnment 3 and breach cf Oath to the prejudice of their 
people, fo farre as to a: tide againft them 3 and either by force of Armc?,or ajudiciall 
lentence in Parliament, actually to depofe them, and fet up others in the Throne, as 
* I'/alfinghn'M, the* fore-cited pre f dents, ^of Archigallo , Emerian , two ancient Brittifh Kings , of 
hift.Angy.107, £dwin kino- cfCMerci v?, and others deprived of all honour and kingly dignity J?y the unam 
108,109: Ifo^ moti& con f tn i € f , fob Sfibjetls for their Tyranny fipprejfion^Male-adminiflraticn^ziciota 
rio^ixo; ** lives , andcthirs eleiled and made kings in their places) evidence , which Afts of theirs 
VclycbronXi' *key tn ^ n reputed juit and legall. I (hall cite youonely two prefidenls of this 
ch. 4> kind,which have meererelation to Parliaments* The fofl is that of * King Sdward 

Volydon Virgil t fo e f (Cor j^ lv no being taken prifoner by his Qxeen, Sonne, Nobles , for his male-ad- 
hfhAvgULi 8* m ] n jg rat j on t h e Qieen, with her forme by the advtce of her CouncelL fuaamened 
bir TbGmcti tela . . . _ ' ,, ,>T^, 3 „ n n • l t/« l« l l l. 

More.Gnftoti, an ^-g n Oourt of Parliameat at mftmn(tcr in the Kings name , which began the 

/>.2i5,zi6. ' 1 delay, of January, *An* 1325. In which aMcmbly it w:s declared, that this Realm 

P 6*1* could not contirue without an head and goverr.our 5 and therefore firff, they agreed 

eBz. xtaniel, t0 ^ raw into Articles the Mif-Q^cvernment of the king that was in prifon, and aH his 

%dmfbTh €% Md****** which he had done ly will and naughty CounfelL And when the [aid Ar- 

tm, Stow 'anT ttef'S ws™ reA ^ ^ w ^ e k ncwne t0 ^ the Lords ^Nobles ^ and Commons of the Rcalme % 

bthi 1 s in his they then confrdted how the Realme fhould be govr,-nedfr<m thenoeforth**And after good 

* ife; deliberate m y and confultation of the fore 1 aid Articles cf ths Kir as ez ill government f hey 

concluded: THAT SUCH A MAN WAS NOT WORTHY TO BE A KING, 

NOR. TO WE ARE A CROWNE ROY ALL. ^And therefore they all agreed^ 

that 



are the Soveraigtte Power. 79 



that Ldwird his tide ft fame , who was there prefent , and was rigkcfkH heire 9 ftj'tfld be 
crawled King in (lead of his Father ^ SO THAT HE WOULD TAKE ABOUT 
HIM S A GE, TRUE, AND GOOD C OUNCE LL, and that from the ncefntb 
the Realm might be better governed then before it had leer.. And it was alfo agreed jhat the 
eld ietng his father Jhould b. wt ft and hone ft ly hft as long us he lived^ac cor ding to his eft ate, 
All thete chingi concluded, they ELECTED his Ton Edward King in the great 
hall at fVefimiwfter^mththe UNI VERS ALL CONSENT OF THE I'EO- 
P L E- T H E R E P R E S E N T j and the Archb. of Canted (fry thereupon makes there 
a Sermon on this Text,Vox populi^vox Z)W:exhorting the people,fo invoke the king of 

■ for him they hadth'n cho en. It was further ordered and agreed, that durin 
Parliament time,a folernne Meflage mould be fent to the King to Kenelworth Caitle, 
(where he was kept prifoner) to declare unto hirn not only the determination of the 
threcelhtes concerning HIS DEPOSING FROM THE KINGDOME, but 
alio to refigne unto him IN THE NAME OF THE WHOLE REALME , all 
their homage that before time they had done him: and to doc this mefTagc there 
was certaine (elc& perfons chofen by the Parliament, namely, the Bimops of JVin- 
cheftcr^ Hereford^ and Lincoln^ two Earles^ two Abbot s f foure Ttarons^ two Iufticesjhrec 
k»tghts for every County , and for London f the Cinejueports , and other Cities and 
Burroughes, a certaine chefen number^ with the Speaker of the ^Parliament ,whofe name 
vi*%S\xWiUiamTruffell 1 who comming into the Kings prefence told him, That 
the Commen-weale bad received fo irreconcileable diflikes of his government , the parti- 
culars whereof had been opened in the Afftmbly at London, that it was refolved never to 
indure him as King any longer .That not wit hft audi 'ngjhofe difkes had not extendi dthenu 
fchcsfofirre^as for hu fake to exclude his ijfue^but that with univerfali applaufe andjoy^ 
THE COMMON-WE ALE HAD IN PARLIAMENT ELECTED HIS 
ELDEST SONNE, THE LORD EDWARD FORKING. That it nouldbe 
* very acceptable thing to Goti, willingly to give over an earthly kjngdomefor the com- 
men good and quiet of ^w C nU * tY J* which they faid could not otherwije be fecvrel.Thzt 
yet his honour fleuld be noleffe after his reftgvationthtn before it was ; oneh him the 
■:jmveale wjuli n.vtr jttjf.r toraigne any longer. They finally told himj'hat nn~ 
Ie(fe h: did of himfelfe renounce his frowne and Scepter, the people would neither endure 
him % nor any of his children u their Soveraigne 5 but difclaimin^ all homage and fealty 
-would i Icli fome cth, r for king y who fieuld not be of the blood. This metTage Urucke 
fuch a chilnefle into the King, that he fell groveling to the earth in a fwouo; which 
the E rle oiLdcefter and Bitoop of m.ichefter beholding, run unto him , and with 
touch labour recovered the haife dead King, fetting him on hisfeet: who being 
come to himfelfe, thcBifhopof Hereford running over the former poincr, conclude?, 
laying, as in rheperfonot the Commonwealth, T hat the ki*<z mufi reftgnehuDU- 
me • or, after the refufall, fuffer THEMTO ELECTSUCHA 
PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND 
ABLE TO DEFEND THE KINGDOME. The dolorous King having heard 
this lpeech. brake forth into fighes and teare^fc made at the lafl this anfwer. to this 
etTeci, That he knew, that for his many finnes he was fallen into this calamity and there- 
fore had the lejfe catife to taks ^ grievouftj. That he much forr owed for this \ that the 
feepleof the kingdome were fo exafperated againft hlm^ as that they fhottl* utterly abhor 
his any longer rule and f over aignty : and therefore he be fought all tha> were th er >> ere fent 
to forgive andfpare him being fo afjlilhd. That nez erth lejfe it was grra<h u kh 
lood pleafure and liking, ( feeing it could none other be in hi: ( h*4 I. u L ft 



H 2 






8o That the Parliament and Kingdome 

vpm jo gracious in tbeir fight, and therefore be gave them thanks fer chufing him tbtir 
King This being faid D then was a proceeding co the (bore Ceremonies oi his re* 
fixation, which principally confifted in the furrender oi bis Diadem and En« 
fignes of Majefiy to theufe of his Sonne the new King. Thereupon Sir William 
Trujftll the Speaker, ON THE BEHALFE OF THE WHOLE REALM, 
renounced all homage and allegiance to the laid FJwardof Carnarzan, late King, in 
thefe words following, I William Twtfell, IN THE NAME OP ALL MEN 
OF THIS LAND OF ENGLAND, AND OF ALL THE PARLJA- 
MENT PROCURATOR, refigne to thee Edward the homage that was Jotnetimes 
made unto thee, and from this time now forward 1 defie thce^ AND DEPRIUE THEE 
OF ALL ROYAL L POWER, I pall never be attendant to thee as King after 
this time. After which King Ed&ard the third being folemnly crowned, proclai- 
med his peace to all his people in thefe words : 

'Edward by the grace of Cjod, King of England, Lord of Ireland, and Duke of 
c Aqut^ne, to N* N . our Shertffe of$. greeting ; Becaufe the Lord Edward our Father^ 

' late King of E^hnd, by THE COMMON COUNSELL AND AS- 
C SENT OF THE PRELATES, EARLS, BARONS, AND O- 
<THER THE CHIEFE MEN AND WHOLE COMMON- 
c ALilE OF THE KINGDOM,^ voluntarily remove himfelfe from the 
government thereof $ willing and granting that We y as his etteft Sonne and Heire, Jhould 
take upon us the rule and regiment of the fame : and we % with the counfell of the Trelates 9 
Earls, anAHarons jfrreftid, ye elding therein to Gur Fathers good pleafure and will, 
have tak^nufon Vs the Governanee of the J aid Kingdome \ and as the manner is^ have re** 
ceivedthir Fealties and Homages of the faid Prelates and r Feeres* We therefore defirsm 
that Our pe ace for the quiet and calme of Our people Jhould be inviolably obferved } do wiH 
and command yen. thatfrefently upon fight of thefe pre fents^ yon caufe Our Peace to be 
proclaimed throughout your Bayli-0ic\, forbiiding aH and every one on Our behalf e^ un» 
derpaine and per ill of difinheriiance, andlojfe of life and limbs ', not to pre fume to violate 
or infringe Our faid Teace, but that every one purfue or fallow his A tit ws and Com- 
plaints without any manner of outrage^ according to the Laws and Cfsftoms of Our King* 
dome : for We are ready and alway e swill be > to adminiflerfull right to all and fmgular 
. . complaint s, as well of poor e as rich^in Oar (fourts of Iuftice* 

hift?A-fih to8. ^he & conc ^ *P»*efident is 5 thae of King Richard the fecond,who being taken pri- 
39J. 400. r^- # foner by Henry Daks of Lamafter b An. 13pp. the Duke foone after 9 on the thir- 
Jigrndp n6. teenth of September called a Parliament in the Kings Name, wherein was declared^ 
Halls Chron.i' \ }{}W unprofitable Kinv Kiehard had been to the Redme during his r eigne ^ how he fub- 
H-4; '^ to 9. verte( l t lj e Lawes* pilled the people, minifired luflice to no man^ but to fueh as pleafed 
M&ti'lli. kirn. And to the intent the Commons might be perfwadedj that he was an unjuft 
Grafton p. 400. and unprofitable Prince, and a Tyrant over his Subjects, and THEREFORE 
to 407. WORTHY TQ.B'E DEPOSED; there were fet forth certaine Articles 

speed p 7*7* (to the number of 32. or 38. as fo me record) vgjy hainous to the eares ot many: 
tII'm \ ' 76 °'to ^ ome wnerC( ?f * nave * formerly rccited s and the refidue you may read in HtU.Grif* 
50. ton r Haywsod, Trvjfell, and others. After which Richard was charged wi:h the 

Holr,if&ed,Stow, forefaid Articles, there was aninftrument madedeclarmg his Aniwers, and how 
He} mod, mk he confeuted willingly to be depofed ; the Tenor of which initrtrrtent was as tol- 
*A8swdM<in i° wcth - 'This preientlnitrumcnt made the Munday the 29. day of September^nd 
-uh.ip.in' c ^ ea ^ °^ Saint Michael^ in the yeere of our Lord God, 1389* and the 23. yeere of 
* Here 1 zp.^cx * King Richard the fecond D witneirech that where by the Authority of the lords 

; Spiritual! 







art the Soveraigne Power. 



c Spiritualland Temporal! ot this prefent Parliament, and Cm.moniof the fame, 
c the right honourable, and difcreet perfons hereunder named, were by the laid 
'Authority aftgned to goe unto the Tower of Lcndon % there to heare and teftifie 
Tuch Qarrtiousand Anlwers as then and there (hould be by the (aid honourable 
1 anddilcreet perfons heard. Know all men to whom theie prefent Letters mall 
'come, Th.it we. Sir Richard Scroop Arcbbifjop of Tor^ lohn Bifljop of Hereford* 
c Henry Sarle of North w WW, Ralfe E.rleofWeflmerland^ Thomas Lord of B 

■ fy, William *Abbot ofWeftmwfler, John l>rior of Canterbury, William ? , and 

rb Burntll Knight?, and lohn tMarkbam JnfHce, Thomas Stowe, and J 
8 £«£<• D j&ots of theLawcivill, Thomas Ferely and Denis Lopham N taries pub- 
c like,thc day and veer abovefaid,betweenc the houres of eight and nine of the clock 
' before noone, were prefentin the chiefe Chamber of the Kings lodging within 
'the i It i d place or the Tower, where was rehear (ed to the King by the mouth of the 
'forefaid F.'fNorthumb.thzt before time at Conway in north WaUs,the K'Hg being 

* there at hi? pleafure and libexty,promifcd unto the tsfrebbifbop of Canterbury, then 
% Th-mas Arunddl, and unto the faid E.irle of 'Northumberland, that f- ; ency 

* which he knew bimfelft t» be cf to occupie fo great a charge as to gov erne this Realm of 
1 Englani, he would gladly leave off, and renounce the right and title, as well of that, as of 
'hit title to the Crowne of France^ and his May fiie, unto Henry Duke of Hertford • 

* and that to doe in fuch convenient wife as by the learned men of this LAnd.it fljould mofi 
tfttfiicuntly be by them devifed and ordained. To the which rehearfall the King in our 
5 iaii pretences anfwered benignly and faid, That fuch promife he made, and Jo to the 
c fame he was at that houre infullprsrpofc to perform and fulfill, fazing that le de fired firft 
c to have perfonaH fpeech with the faid Duke, and with the Arcbbijhop of Canterbury fH4 

* Concern : And further more, he de fired to have a Bill drawn of the faid Refi<rnation 3 that 
% htmight be made pcrfeB in the rebearfatl thereof After which Copy by me the faid 
*l;4r/«delivered r we the faid Lords and o r Kcrs departed. And upon the fame afrer- 

* noone the King defired much of the comming of the T^ul^ of Lancafter, at the Iaft 

■ the laid Dnk\ with the Arcbbifiop of Canterbury, entred the forefaid Chamber, 
' bringing with thcin the Lord Ros^the Lord Burgeimy & the Lord JVilloughLie with 
'divers others: where atter due obey fance dene by them unto the King, hefami- 
- liarly and with a glad countenance to us appearing. talked with the faid Arcbbifhop 
1 and T)uke a good feafon: And that Communication tinimed,tbe King with a glad 

* countenance in prefence ot us,and the other above reheat fed, faid openly, That he 
1 was ready to renounce andrefigncallh* King/y Mayeftle in manner and forme as he be- 
' fere feafons had promijed: Anda\thou<>> ciently have declare a 

€ renouncement by the reading of another meane perfen, yet he for t he *norc furety of the 

* matter^ and far the faid refiq nation (hould have his full force andfirtngth t he therefore 
1 read the Scroll of resignation himfelfe in manrer and f or me ai follow eth* In the Name of 
€ God, zAmen. I Richard by the greet wf G n d, Kin? of Engtami and of France^ and 
' Lord of Ireland^ acauit andaffoile all Arcbbifhops^ Bifljeps^ and other Prelate* fccular 
€ or religious ', of what dignity, degree^ flate, or fnmitm that thiy be of* andai 

* Dukes^Mar queues, Earles, Bar Otis ^ L r rds,.i>.d allmt>;e other Itrge men both fpirituall 
€ andfecular^ of what manner of name or dtgree they bs.jrcm their Oath of fealty a>idho- 
1 m>< ve^and ari other Dftds and'Triviledgrs made nntt *<"-, and fmm ail manntr of 'I 

c ofAllegeance and Regality or Lordpoip^ n the which the I s bound to m: 

* otberwife confirained^andibn-: thei r hc-ires and f/scceffoM I trmorc from tkc fame 
J Bwdj and Oathslrele^e^ d:liver 5 acquit, anila them for ever befree s dijfoheu 

H3 V; 



82 That the Parliament and Kingdome 



c acquit, and to be harmlcffeforfo much as belongeth to my perfonfby any manner way or • 
Q title of right that to me might follow of the fore fold things or any of them : And alfo I 
l rfi?neatl my Kingly Dignity^Majefty, and (frowne, with all the Lord/hip r t Power^ 
c and Privileges to the fore [aid KinglyT)tgnity and (frown belongingjind all other Lord-' 

I flnpi and Tofcjfions to me in any manner of wife pertaining^ what name or condition they 
c be of out take the Lands andPoffffionsfor me and mine obite pur chafed and bouqht. And 

I I renounce all right and colour of right, and all manner of title ofpoffejfion andfLordfbip 

* which lever had or have in the fame Lord/hips andpaffeffions, or any of them^or to them^ 
c with any manner of rights belonging or appertaining unto any part of them: And alfo the 
6 rule and governance of the fame Kingdom* and LordflAps^ with all minift rat ions of the 

* fame, and alt things ,and every ofthmjhatfo the whole Empire and IurifditlionS of the 

* fame belongeth of right, or in any wife may belong : And alfo I renounce the namejHor- 
*Jhip, and regality . and kingly highn tfe, cherly,freely,fmgularly % and wholly in the mofl 

beft manner and forme that I may y and with deed and word 1 leave off and refi 'gne them ', 

* and go from them for evr>moreJ'aving alway to my fucceffors Kings of Engl and,all the 
c Riqhts> c Triviledges and appurtenances to the faid Kingd«me and Lordfhips abovefaid 
1 belonging and appertaining : For well Iwote and acknowledge, and deem my felfe to be 
c and have bin unfufficient and unable, and alfo unprofitable, and for mine open d'ferts not 
' unworthy to be pit down : Andl r weare upGn the holy Evangelifts here prefent ly with 
' my hands touched* that I (ball never repugne to this refgnation 9 dimiffion^ or yeelding 
*up, nor never impugne them in any manner by word or by deed, by my felfe, nor by none 
c ether ; nor 1 fhall not fuffer it to be impugned in as much 06 in me is, privily nor apart : 
c but I Shall have, hold, and keep this renouncing, dimijfion, and leaving up for firme and 

* ft able fer evermore in all and in every part thereof \fo God me helpe and alt Saints, a*d 

* by this holy Evangdift by me bodily touched and kiffed: And for more record cf the 
€ fame, here openly 1 fubferibe and fgne this prefent Refignation with mine owne hand. 

* And forthwith in eur pretences, and other, fubferibed the fame, and after dc iver- 
«ed it to the Archbifhopof (Canterbury, faying, That if it were in his power , or at 
c his affigrment, he would that the Duke of Lanc<fter there prefent Jbould be Succt (four 
' and King after him. And in token thereof, he took a Ring of gold from his firger, 

* being rns Signet, and put it upon the faid Duk?s ringer, defiring and requiring the 
c Archbiftiop of 2V%,co (hew and make report unto the L ords of the Paihament of 

* his voluntary Refignation;, and alfo of his intent and gocd minde that he bare 

* toward his Coufin tie Duke of Lancaster ,to have him his SuccefTour and King after 
c him. Andthis done, every man took their leave, and returned to their own. 

c Upon the men ow following, being Tuefday, and the laft day of September, 
c all the Lords Spiritual] and Temporal], wich alio the Commons of the iaid Par- 
c liamenr, aflembied at Weftminfter, where, in the prefer.ee of them, the Archbifkop 
c of York?, according to the Kings deilre, (hewed unto them ferioufly the voluntary 
' Renouncing of the King, with alfo the favour which he ought unto his Couun 
Q x\\t < Dukeof Lancafter for to have him his Succeflbur : And over that fhewed 
c unto them the Sctdule or Bill of Renouncement, figned with King Richards hand. 

* After which things is order by him finifhed, the queftion was asked firft of the 

* Lor df j If they would admit andalUw that Renouncement ? The which when it was of 
€ the Lords granted and confirmed, the like queftion was asked of the Commons, 
' and of them in like manner affirmed . After which admidion it was then decla- 

* red. That notwithflanding the fore faid renouncing fo by the Lords and Commons ad" 
c m ttcd, it w:re necdj Hill unto the Realme^ in avoiding of all fufpicions and furmifes of 

Uvill 



arc the Soveraigne Povrcr. 

' evill difpofcdperfom, to Iiavc in writing aidregiflred the manifold crimes and defaults 

* before done by t be faid Richard Lite King ofEnglind, to the end i rjt 
c openly JbcweJto the people , and after to remain of Record Among the Kings Rcordj. 
c The whidi were drawn and compiled, as before is faid, id 38. Aricies, ami there 

5 (hewed re id ie to be read: buc for other canfes then more need full to be prefer- 
1 red, the reading of the (aid Articles at that feafon were deferred and put off- 
; Then forfo nnch as the Lords ot the Parlijmcnt had well confidered this volunta- 
c ry Renouncement of King Richard,anA that it wjs behovclnll and necelTary foe the 

6 Wtile of the Realme to proceed unto the fentznecofhu depofaU, they there appoint- 

* ed by Authority of the Stjti s of the faid Parliament, the Bilhop of Saint Afje } the Abbot 

* ofGlafitnhury, the Earle of Glocefier, the Lord ofBarfyy, William Thyrnbtg Juftice, 
c and 7 bomasErpingham andTbomas Gray Knights, that they ihould £ive and bcare 

* open femence to the Kings depolition : whereupon the fait Commiftoneri iay* 
' ing there their heads together, by good deliberation, good tow fell and advfement, and 
'of one ajfent agreed among them , that the B;(hop of Saint Affc (hould pnblifh thefen- 
c tence tor them 3 and in tneir names, as follower h. In the Name of God, Amen. Wc 
' John Bifwp of Saint Affe or A 'fen mce, John Abbot oj Glafledury, Richard Ea,l: of 
' Glocefler, Thomas L rd of Barley, William Thyroing J*flke 9 Thomas Erping- 
c h im and Thomas Gray Knights 3 cbofen and deputed fpeciall Commifa.ies by the three 
' Ejl*tes of tbii preftnt Parliament, nprcfentin^ the whole body of the Keainte 9 for all f iic h 
€ matters by tl>e faid Efiatcs to us committed', We undi r {landing, ahdewfidering ibe manifold 
c crimes, hurts, and barmes done by Ridiar d King ot England, and mi fo.cr nance of 'tbo 
€ fame by a long time, to the great decay of the (aid Lwd, and utter rinne of the (amefiortm 
• Ij to have be-m, ?ie had the fpeciall grace of our Lor a Gvd tbti eunto pui we fooner rerr.edie 

c and alfo furthermore adverting the faid Kwg Kichard* In wing bis own injufficiencyt hath 

m L n* 
hit 




•SED OF ALL KINGLY MAJESTY AND ESTATE KOY 
'ALL, We, tbe Premises well confi during* bjgood and diluent deliberation, by the 
•POWER, NAME, AND AUIHORITIE TO US AS A- 
«BOUE IS SAID COMMITTED, PRONOUNCE, DIS- 
'CERNE, AND DECLARE the fame King Richard befre tin to bsvt 
1 Icer-e, and to be Unprofitable, unable, Hflfuffichnt, and umPortbj to the rule and govern- 
c ance of tbe foresaid Re dms^ Lorifhips, and all ether Appurtenances t 9 the lame iebngmo • 
c and FOR THE SAME CAUSES VVB DEPRIUE HIM OF ALL KING- 
•lY DIGNITIE AND WORSHIP, AND OF ANY KING- 
C LY WORSHIP IN HIMSELFE. AND WE DEPOSE HIM BY 
'OUR SENTENCE DEFTNITIUE, fotbedptg expn/ly to all At cbbijbefa Bt- 
' [bops, anaa'd other Prelates, Dukes, Maryiefes, Earle j and Knights, and to all 

' men of tbe aforef aid Kingdom and Lordfbips < or of ot e r pLces beUng**f\to the fame 
' *\ealme sand Lor dfhip, Subjetts and Lieges wh*tfiev<r the) bey that nine f them from 
tins time forward, tot he forcfajd Tabard* Kingdud Lord of tbe fireja'td, Retimes *nd 
Lordjhips : be m it her obedient nor attendant. 

'Acer which femence th*s openly declared; the faid Eftates admitted forthwith 
the ismeperfons for thai. Procurators* roreflgne and yetLi ting^fcrrj 

all their homage and fealt} wl leh they have made and ought unto himbefore 
times, and for to fliew unto him, it n^ed w*e 5 all thiogs before done that concern- 

K edl 






That the Parliament andKingciome 



c ed his depofing. The which resignation at that time was ipared,and put in refpite 
c dli the morrow next following: And anon, as thh fentence was in this wife 
Bed, and that by reafon thereof the Realme (food void without Head or Go- 
& vernour tor the time., the (aid Uuh rf Lanc^ftir tiling from the place where he be- 
More late, and (landing where all rtfight behold him,~he meekly making the (igne 
* of the Crcile upon his forehead and upon his breatt 3 after filcnce by an Officer was 
'commanded, Lid unto the people there being, thefe words following: In the name 
Hf the Father, Sonne, andbo'j Gbofl* 1 Henry of Lane. i for claims the Realme ofE*%- 
nd and the Cr°nne, with all the appurtenances^ as 1 that am defended by right line ef 
'the blood, camming j r omth t g i,( >d Lord King Hxnry the third, and through the right that 
c <G*dtfhU grace hath jent to me> xvnh the helpe of my htrme and of my jriends to reco* 
c zer the Jame, n>bicb was m point to be undone for default of good Governance and due 
* Jufiice* 

' After which words thus by him tnteredjie returned & fet him down in the place 
' where he before had (men. Then the Lords perceiving and hearing this claim thus 
c made by this noble man, either of them trained of other what he thought; and 
c afteradiftanceor paufe of time, the Archhifhop of Canterbury havmg notice of 
e the Lords mindc^ flood up and asked the Commons if they would ASSENT TO 
f THE LORDS, WHICH in their mindes thought the chime by the Duke more to 
<BE RIGHTFULL AND NECESSARY FOR THE WE ALTH o/ffe 
c Realm,andof them all. Whereunto they cryed whh one vokt ,YcA, Yea, YEA After 
c which anfwer, the faid Archbifhap going to the T>u\e and fete tag him up n his 
e knee, had unto him a few words : the which ended, rie role, and taking the Duke 
'by the right hand, led him unto the Kings (eat, and with great reverence fet him 
'therein, after a ceitaine Kneeling and O.ifon made by the faid Duke, ee he were 
* therein fet. And when the King was thus fet in his Tyrone, to the great rejoyce- 
*ing of tae people, the Archbipop of Canterbury began there an Option or Collati- 
*Fdbhnpart7' <on * n m2nncr as atcer followed) : * Vir"D minablt*r in populo, i T^gum cap. 9+ 
t.3Ci.j5* " 'Thefe be the words of the higfi and raoft nnghiy King, peaking to Samuel his 
353. « Prophet, teaching him how he fhoujd chufe and ordaine a Governour of his peo- 

c pleof Ifraejy when the faid people asked of him a King to rule them. And not 
' without caufe may thefe words be faid here of our Lord the King : that is, For if 
c they be inwardly conceived, they (hail give unto as matter of contoiation and 
c comfort, when it is faid that a Man (hail have Lordfhip and rule of the people,and 
c not a Cbilde j for God threatneth not us as he fometime threatned the people 
<by Efay 3* Efaji Ijhall, faith our Lardy give children to he tltfir Rulers and Princes 
< and rreakt or jearjitUpidlhave dominion over them. But of his great mercy hee hath 
* viiited us, I trait his peculiar peopie,and lent us a Man to have the rule ever rs : r,nd 
c put by C ->iidrtn, that before time ruled this land after childifh conditions, as by 
'the works of them it hath right lately appeared ; to the great diflurbanceoi all chit 
c Realme, and for want and lack of a man : For as faith the Apoitle Paul, in 1 Cor, 
' 14. When I'M** achilde J favoured and fp ah* a * a c hildei but at the time nhenl camt 
' to the (late of a man* then I put by all my childifh conditions. The Apoftle faith, he 
'favoured and (pake as a childe in whom is no ftedfattneiTe orconltancy; for a 
c childe will lightly promife, and lightly he wiilbreake hispromife, and doe al 
■ th'n? 3 s that his appetite givech him unco, and forgeteth lightly what he hath done 
4 By which reafon it 1 olloweth, th2t needs great inconvenience muft fall to that peri 
^krhiCaChildeisrulcraiidGwiver^iuroii nor is h polTiblc for that Kingdod 



are the Saver aigne rower. 3 5 



; to Hand in felicity where (uch conditions rcigne in the head and ruler of the fame. 
6 But now wee ought all to rejoyce, that all (uch defaults bee expelled, and that a 
c Man and not a Childe (hall have Lordfhip over us, to whom it bclongeth to have 
'a (lire rcine upon his tongue , that he may be knowne from a Childe, or a Man 
' uiing childifh conditions ; of whom I trult I may fay as the wife man faith in his 
\ Preverbs, Etc fled be the m*n that hath wifdonte, and that aboundeth in prudence : For 
c that man that is ruled by Gpience, mult needs love and dread our Lord Cod; and 

* whofo lovcth and dreadeth him, it muft consequently follow^hat he muft keep his 
'Commandements* By force whereof ke (hall minifter true Juftice unto his Sub- 
c je&s, and do no wrong nor injury to any man, fo that then (hill follow the words 
1 of the wife man, which he rehearled in Proverbs 1 o. The bl> fling ef our Lord God 
Q Jhall alight upon the head of the King, being ajufl and right wife man, for the tongue of 
c him worketh not iniquity andinjuflice, but the tongue of the wickea and finners cover eth 
c iniquity : And who thatworketh or miniftrethjafticein due ordcr,he not only fafc 
'guaidcthhimfclfe, 6utalfo holdeth the people in a furety of reftfulnefle, of the 

* which enfueth peace and plenty : and therefore it isfaidof the wife King Sdo- 
'mor, Scclef. I 0. Blejfcd and happy is that land, ef which the King or Ruler u noble 
' and wife , and the 'Princes be blejfed that live in his time. As who would fay. They 
c may take example of him to rule and guide their Sub jefts; for by the discretion 
<of a noble and wife man, being in authority, many evils are fequeftred and put 
'apart, and all diflerablers put unto filence; for the wife man confidereth well the 
c great inconveniences which daily now grow of it, where the childe or infipicnc 
c drinkeththefweeC and dilicious words unadvifedly, and perceiveth not intox- 
ication which they be mingled or mixt with, till he be invirened and wrapped 
'in all danger, as lately the experience thereof hath been apparent to all our 
'fights and knowledges, and not without the danger of all this Realm, and all 
c was for lacke of wildome in the Ruler, which deemed and taught as a childe, gi- 
1 ving fentence of wilfuIne(Teand not of reafon ; fo that while a childe reigned, 
'telfe will and lult reigned, and realon with good confeience was outlawed, with 
' Jultice, ftedkrtneffe, and many other wrtues. But of this perill and danger wee 
c be delivered by the efpecia)] help and grace of God, becaufehe that now ruleth 
c is not a childe, but perfect in reafon, for he commeth not to execute his owne 
c will, but his will that tent him, that is co wit, Gods will, as a man unto whom 
c God of his abundant grace hath given perfect realon and difcretion to difcerne 
'and deem as a perfect man; wherefore of this man we (ball not onely fay 9 that he 
c (hall dwcllinwifdome, but as a perfect man, and not a childe, he (hall thinkeand 
c deem, and have fuch circumspection with him, that hee (hall diligently tore* 
' looke and fee that Gods will be done, and not his : and therefore now I truft the 
-words of the wife man, Ecclef. 10. (hall be verified in our King, faying, aAwife 
c and difcreet Judge Jhall now dee me his people, and the dominion or Lordfhip of adifcreei 

* wife man Qi*ll fiaxdjledfifi ; whereupon (hall then follow the fecond verfeof the 
c fame Chapter, faying, Like as the Head and S 'over aigne is replenijhed with all fapi- 
' enceand vertue in guiding of hti people, adminifiring to them Law with due and con* 
' venient Juftice, fo Jhall the Sub\eBs be garnified with awe and loving dread , and 
' bearei/nto him, next God, all honour* truth, and allegiance* So that then it may bee 
'concluded with the refidue of the forefaid\ cries, Such as the Ruler of the City 
c is, (uch then be the inhabitants of t he fame : So that consequently it followet h, 
*A good Matter maketh a goud Di ciple: And likewife, au. evill King or Rnler 

I (lull 



Thjt the Parliament andKingdewc 



c Cr, ii 1 ac bis p tople, and »»e C tics of his Kingdomc (hall be lefc defolate and 
c uninhabited. Wherefore thu> 1 nuke an end, in (lead of a childe, wilfully doing 
c hislulr and plealure without reafon, now (hall a man be Lord and Ruler, that is 
c replenmed with fapiencc and reafon, and (hall governe the people by skilfull 
6 doings, fctcing apart all wiliulneffe and pleasure of himfelfe; fo that the word 
' that I began with,miy be verified in him, Ecce quia, vir dominabitur in populo^ the 

* which our Lord grant, and that he may profpercufly reign unto the pleafure of 
c God,and wealth of his Real rr. Amen, 

c The which Oration being thus fmifhed, and the people anfwering with great 
c gladneffe. Amen. The King (landing upon his feet, (aid unto the Lords and Com- 
8 mons prefent. Sirs, I thanke you y my Lords Spiritual/ and Temporally andaH the 
€ States of this Land, anddoeyou to underftand^ that it is not my will that any man thinly 

* that by the way of con que ft I would difinherit any man of his heritage, franc hife> or 

* ether rights that he sught to have of right, nor for to put him out of that which he no* 

* enjoy etb 6 and hath h id before time by cuftome of good Law cf this Realm , except fuch 

* private per fons as have beene againft the good purpofe and the common profit of the 
t Realme. And this fpeech thus finifhed, all Sheriffs and other Officers were put in 
c their Authorities, which Tea (on for the time that the Kings Sea was void, and af- 

* ter every man departed. And at afternoon were Proclamations made in accufto- 
' mary places of the City in the name of King Henry the fourth. And upon the 
€ morrow following, being wednefday, and the full of October, the Procurators 
'abovenamed went unto the Tower or London, md there certified Richard of the ad- 
'miffionofKingH^rj; And theforefaid Juftice, William Thyrning, in the name 
c of the other, and for all the States of the land, gave up unto Rjchatd late King^ail 
c homage and fealty unto him before time due, in like manner and forme as before I 
c have (hewed to you in the depofition of King Edward the fecond. And thus 
c was this Prince deprived of ail Kingly dignity and honour by reafon of his evill 
c counfell, and fuch unlaw full wayes andmeanes a* he by his infelencj in his Realmefuft* 
% feredtobenfed, when he had reigned two and twenty yeers, three moneths, and 
c eight dayes# So Fabian and others verbatim, 

Thofe Parliaments then and NationallAiTemblies, which have thus difpofed of 
the Crown and Kings themfelves, andexercifed fuch }urifdic~tion over them, muft 
cestainly be above them, and the higheft Soveraigne power. True it is, cur Prote- 
ctant P^ercs, Commons and Parliaments^ never challenged nor extrcifed fuch jurifc 
di&k>n and I piefume they will not doe k. However, it is neither honourable nor 
fafe fcr Kings, and ths mod deftrucYive policy their ill Counfellcrs can fuggeft 
unto them, fo farre to oppreffe their Subjecls, or exafperate their Parliaments, as to 
* See Mat-Weft, provoke £ hem to ufethe extremity of their Soveraigne power, and revive dead deep- 
JefoyMonm, ing Prefidents for their relicfe ; The corfideratisn whereof when th(j werefreflj, made 
Polycb. tab. fucceeding Kings more juft and moderate in their governments , and reclaimed many 
GrifmHolin v iti ui, ppre(fMg Trinces. as * Archigailo and others wttneft. We know what Solomon 
^fje , in is faith, (y*) Surely oppr>ffionm„l^thawife manmad; and if Kings or their evill In- 
fy)Ec-lef7. 7 . ftruments (hall fo far mad their Subje&s and Parliaments (either by oppreffions, 
(l) Ttmb.Par. rapines, mifgovernment, deftroying making warre upon them, or putting rhem out 
p.i6^i6<; 9 i6% f tn€ j r protections) as to make tbem cry out as they did againft King Iohn* 
Grdjt f.i 1 1 . ^ ^ Johannes fail us eft de Rege Tyr annus , imo de homine in beftUlem prorumpens fe- 
BiJfxpTMw* rit*tiw* V* tibijohann'' Regumnltime^ ^Anglorum T rincipum abominat'>d 3 Nobi- 
ftrt. $. p.480. Utatis Anglk&%& confufo : lieu A>*glia v aft at a, & atnplm vaftand* t &c* Whereupon 

prefemly 



are the Soveraignc Power - 



prcCcntly enftied , a Xolumus hunc regnare* Tani mefue dscretum efi^ ut aliquempom 
tenteminRegm either em , per qutmp ffi>it ad p»ff ffi nes priftinas revocari , iredtn- 
tes a nod nulitu Jobdum peior , vcl durior p Jf.t dominari 3 & talc miferabile JfatueM' 
tes Argumcnium* 

. Fcrtunamiferrimatuta eft, 

Nam timor event us deterioris abeft, 

Cumejtie *li if fundi* $ eyuem eligerent h.tftafftnt, demum in hoe par iter tonfenferunt^t 
Ludovicum fl.*m c Philippi Regis Francorumfibi praficerent^ffr ipfumin Re^ewn Angli*. 
fublimarent j Which thej didfo King Johns, their own } And the whole Kingdomes great 
prejudice* We know vehat the ill advife of Rehoboams rough t uill CounfeUours produced^ 
2 Chron. ia And the King an/wered the people roughly after the Advice of the jomng j^ x Chra.1*. 
menjaying: My father made your y oak? heavy, but I will ad-ie thereto h mj father cha- & h. 
fiifedyou with whips ^ but Iwillchaftifeyou with fcorpions. And when all lfraelfaw^ that 
the King wotddnot hearken unto them^the people anfwered;hcKing(tfiou%h fome fay he 
came to the Crown by fucccfllon) faying^what portion have we in David? and we have 
none inheritance in the Sonne of fejfe ; every man to jour 'tents O Ifrael : and now Da- 
vidy fee to thine owne houfe. So all IJrAelwent to their Tents y and tlecled Jeroboam for 
their King, and fell away from the houfcofDavid to this day, being never after united 
toit 5 but^ominuingadUiin&Kingdomefrom ir. This grolTeimpolitickemaxime 
of ambitious Princes, now to much cryed up and prolecired : Aut Cafar^ut Nul- 
lus> hath utterly unkinged 5 ruined hundreds of Kings and Emperours, with 
their families; and deprived them notoneiy of thfrir (frownes but lives s asicdid 
*^V/irhiinlelfc, with many of hisfuccefibi*, whofetragicall ends mould deter all ^ Sec Plutsrdi 
other Princes from their deltru&ive,afptring tyrannous couniels 5 couries,maximej. Julius (\ 

Wherefore the belt policy Kings can ufe, to perpetutace their Thrones to them EumptutyZu 
and their potlerity, is to trearc their fubje&s fo, (a J as may win their hearts aniaf- w* s t>G™P<*i 
feU'ions, and not to ftraine their pretended prerogatives beyond the bounds ut Law ; ^$ l?fc Cl$ * 
th s being a moft certaine cxpeiimenttd rule which(^) Ariftotle (the Prince of poll- fg)smect k 
ticians) gives $ T hut there are two inteftine caujes moft perilous and fnqrtent of aII CkmenasJ.%, 
ctbi-rsybj which * Kmgdome is tifvallj lo/l y and fubverted. The fir ft xsjftbe Nobles and 0>) ^olt /.?,c. 
peoph dijfent from the King himfclfe. Thefeconi % if Kings will rci^ne tyrannically. and X V J ^***7* 
ufnrpe a greater dm: nation or prerogative^ then the Lawes of their Kingdom s give tkem^ ™ ' #//?//" 
Then ^c uddesJ'cr-ly a k[ngdome is prefrved by contrary remedies, Jpecially.by amode- ( c )D.ut.t' 7 i& 
rate kinde and temper ate forme of Government. For by how much the m re moderate the 20, See Ptov, 
Kingfiallbe , and contented wiih [mailer and ftwtr prerogatives, by fo much the more '^.n-c-io *8. 
conjlant And lor.ger-lajling flail his kjngdome necjf r.ly be $For by this m-atesitre- £.29.4.1 4,c.if. 
cedes f rt her from t'e domination ofl yr Ants , And i' ctmes nearer to th" equability of man* 
tiers and human' ty of If c, ardisleffe envyed by His faby-cls , whkh he prove* by f he 
notaSle fpeech and example of King Ihcop.mpw. And indeed thi.s is the pri'-cipill 
policy which God himleltehath pre(cnbedaKing, to prclong hts dry sin its King- 
d m.^ he and his children aficr him ; to k?epe all the words of this Law^ A*d t'; f Statutes 
to doe ihem* (that is, togovernc himfelfeand his fubicfts onely by Lu, not power) 
to doejufttce and j udgem"nt^avo\d oppreff jn^rfr not to lift up his heart abov hts b • then j 
asif they were his ^iifals and not men, nor GHriltianso* the fame kinde and quality tAtibi c9. 
as himfelte i?. Wherefore I fhaliclorerp this with old Brail ens refblutf oh. (^ ) f\o 7 trr. m 
Foteft. $ itaque Rcojs, juris f % & n§n injuria, b X rcere igir nr <i, bet Fx pot'P-an m [*- Ui»ltf* 
risficut Deivicarius C? AfiniJtTtn t-rrA : quit ilia potefta *S O LI 11 S Dei 'ft : po- * ., a s 1 
tefidt AHtem %n\urU^ ^Diabsli <#• *ox dei : cujw batwm ptrftrnfccerh A t x 7 ejus AJ : 1 1- 

I 2 Jr.r 



8 8 That the Parliament and Kingdomt 




fter cri(> cttjxs ope\ a fecerit* Jgitur dttm factt luftiiiam, vicantu tft Regis aterni^ mi" 
* See Leges Ed- nifier axtem Diaboli dum declinat ad injuria/** * Dieitxr enim Rex a bane regcnd^non 
mrdt Confefforu ^ re gnando : cfuia Rex efl dam bene regit. Tyr annus dam popnlnrnfibi credit urn violent a 

>slp0* 

Ugent 

^atwn fe 

d/tJ.i.Tih 17. Principem profiteri. liem. nihil tarn propriftm efl imperii qnam legibxs vivtre : Bt ma^us 

w/»1* imperio efi legibxs fuhmiitere principatum ; & merito debet retribxere legi^cjma Lcxtri- 

bxit ei ; facit enim Lex quod ipfe fit Rex* item, cumnon femptr oportta h Regent ejfit 

armatxm armis fed kgibxs^Jdi 'feat Rex (apientiam & conCervet jtiftitiam. ( Ah wh.ch 

is notably feconded by Juige Fort ef cue, De Laxdibxs Legxm Anglla^c* 9 Vf.15. 

?p)Seef *•*.& worthy any Princes ferious perufall : ) And thusdoing,nekher he nor his Pbfteri« 

the Authors t y nce d feare this Supream prerogative power of Pan i unencs D which hath Line dead 

there quoted. anc j b ur y ec J f or many ages 5 Etpsreat vofitum rxbioine tdxm* 

View of a fedi- 1 *' ^ Papijts ^ Jattribxtefjrre more divine authority and yiveraign* fxnfMttton 
tious Ball , and over Emperoxrs y Kings t Princes, Kingdom's* Subjects, to the 7 -p? their Lord and Gii % 
of the Popes whom they make the Supreame Monarch of 'tkeWor id and all l^ingdomes in it , and give 
Supremacy. him greater authority to fxmmon, ratify , and dijfolve generafl (fomceif f then ever any 
Qafjai£UiCjta. cfoijj.' im King or Emperoxr, challenged or xfxrped : yet thofe who maintaine thefe Pa- 
iml. ' radoxes of the Popes Supremacy 5 confeiTe (f)fW«a Genet all Comcell is above the 
( / ) See lohn Tope ; and may upon jufi caxfe ( though they all plead his Soveraignety to be jure 
mites Iffy jett. diviw, and his perfon moft facrer> ? terming him his h'otin<ffe, in the abftracl: ) not 
36* «. 30. 34, otte jj convent andcenfxre the? ope for his mifdemeanoxrsjbm like-wife actually depofe him, 
1 o '^Suriito Tom. and> f €t U P anot ^ er tn ^ftead^ as the Councels of Pifa^ Conflans^ Baftl y (which depo- 
1& 4. ' ted foure Popes, namely, Gregory the 1 2. Benedict the 13. lohn the 23. and Exgenixs 

(g) Fox Aft & the fourth ) the Councell of Chalcedon againft Pope Leo , the Conncell of Sinuejfa 
Monumenrs, againft Pope Marcellinxs ; the fixth, feventh, and eighth generall Councels againft 
v,{. j. p*t} 1. H 9nor iiu y the Councels of (g) Wormes and Brix'a againft Hildebrand, the Councell 
80 q6u °^ ^/^jfommoned An. 1 5 il.of purpofe to depole Pope Julius for bis per jury ? expe- 

( /; ) See lohn rimentally manifeli, and (7-?)fundry popifh Writers^cknowledge.Now the Goun- 
Wrhes iVjyfeft. cell of^^///(as I (hewed * before)deflned 5 That the whole Kingdom* or Parliament 
$6,n.io.p 1 01 & hath as great power over their Kings , as a (fotwcdl hath over the Pope : Therefore by 
w '* 4, 4*'s *?£. Papifts verdicts they are above the King in point of Soveraigne power 3 as a Councell 
tf)Ph\M>i 1" ^ s a ^ ove c - e Pope: which lohn L^lariana^de Rege & Regis InftitJ. i.c,$. to 10. profef^ 
Ex.i2,.*8.John ^'y proves at large, 

iaj4.ft)^ i*. That Court which may lawfully centre, cj'ifflionjdepofe^banifb, execute 
i3.j, j ,5> 4. (/) the Kings greatclt Fivorite?, Officers, Judges, yea Lord Protectors thcmielves, the 
H3vdVl*73*t n ^ ne ^ P cere? of the realaie 3 (notwithftanding fuch are fai to be (/) Gods, (^)'Or- 
70:. 70 5, 70 5*. dainedof God } Gods Alimfiers^T'o (I) decree ixdgement by God to be the higher powers, 
whhsp?ed, w e£r. in Scripture, as well as Kings*) and th.t not one^y with, but againiVthe Kings 
fMjbed,Grafm t goodwill \ mnft queftionleflebethehigheft poiverandjurifdiftion imhc realme, 
Stow , Mdttbew^ c j^- e t j ic £j n g 8 ant j their Authorities might protect them againlt its Juftice, Put the 
coTt'ahun. Parliament may lawfully cenfure. queftion, depoie \ banifh s execute all or any of 
( n) li&Ifiqfr. thefe, not ouely without, but againft the King? confent . witnefie the nro< eedmgs in 
$peel,Hilin?Jh. Parliament ag^inff (m) William Longchamp y B:(hop o*" Fly , Chiefe Juftitiar. Lord 
FabUnjn Edrv. Chmcellor, an^ Vice-roy of England^ in Richard the firft his reigne, during his ^b- 
cl^ntnix* ^ ence hukeHvlv L nd,) from which offices he was. by the Peeresand Cnmrnuns 
u' 1 3. depofed for his mudemeanour D and opj Ttffionr. (n) Pierce Gavcflon and the two 

Bxgh 



are the Soveraigne Torrer. 89 



H//f/j5^»f^/ 5 in£^»»4r</cheiccoiicl*rcignc,okbaniIhcd by Parliament, and v:o- 




Parliament, together with TrffiHa*,Be/k> t *p, and their fellow Judges, ivhomifad- *, 7 . /,„>/., j ( 
vlfeJ him n point of Law: (?) Humphrey Duke of G/ocefhr y prote&or to king CM/ ;•/ i.c.$ 7 
Hn y the fix t, arretted ot high Treafun in a Parliament at Z>« 7 , and there murde- (p)Hi/4$wr, 
red ; ( f) Cardioall fTr//?/, that powerfull favourite to king /Wj the eight, accu- ^ / ;7 / ; , / / ,' 
fed aim put from hie Chancellorfliip and other Offices by the Parliament ; (»•) The h'£ ' 
Dakc of Oemmerfet , L >rd proteclor to king £dw*rd\)\t fixt, accuftd and attainted (q)HiU 
of high Treafor in Parliament, for whkh he lott his head j the great Earle of Straf- [1 tj r t Storr y 
firlLird Deputy of /r*/W, who loft his head this Parliament for Trea ton, full fore ffi** 
againft his Mijefties and the Qucenes wills, with infinite others mentioned in our ^oaX 
ftorics and records ; Nay Greenes themselves have undergone the cenfurcs of Par- Grajmin UA 
liament, (of which we have fundry precedents in (f) king Henry the eight his (/) See box, 
rc'une) not onely to divorce, but lotfeot their very heads ; and fhall any De- HaIIJjh 
linquent then thinketo be protected by any powei againft the pjrliaments juftice [ in M^'^r^ 

now ? ■ H.8.C7. Sc 3c. 

13. Nottomention the Parlaments power and jurifdi&io'n even in reforming h.S.c.i, 

theexecflesandabufesof the kings owoemeniall fervants,and of the extraordinary 
traine and expences of the Kings owne Court, and gifts; for which I findethefe 
following PrefidentSjwith others ; collected by Mr.Wtfflam Noy himfelfe, (as is re- 
ported)!^ Ma jetties late Atturney Generail 3 «^. i^^in a Manuscript, entituled,^ .4 R , tvlc } 
Declaration ; &c. patting under his name. $ Ed.^.tr. 10, 

**s4nno. 3 £^.3.the houftiould was reformed by the petition of the people. 1 1, n, 1$, 14, 

An, 1 R.2, the houfhold was brought to fuch moderation of expeofe as may be J/* 1 ?'!, 7 '/. 
anfwerable to the revenue of the Crown, in and by Parliament. mffit - g « % * 

Anno* 5 & 6R.2. the Commons petition was, that the excettive number of the Knulo PgrfU- 
Kings nicniall fervants may be remedied,orelfe the realmc would be utterly undone, vumi t An.j &. 
and that his houfhould might not exceed the ordinary revenue of the retime. 6 ^ ,i; 

Anno 4.H4. the people crave a reformation of the Kings houfe ; & Amk 7. that Rrtv ^ TgrUm, 
he would diftmfie fume number of the retinue, fines irwa*now more charges ble 4H.4.&11H.4 
and lefTc honourable then his progenitors ; and that the ancient Ordinances of the. 
houfcold, ineafeof the people mi^ht be kept, and the Officers of the houfhold 
fwrorne to pit the Ordinances and Statutes in due execution ; and to confider the 
griefes of his Subjects by nnjuft purveyance, contrary to the Statute, that hereafter 
hemightlive OF HIS OVVNE GOODS IN EASE OF HIS PEO- SfiXSLi 
PLE. Which theKing willingly doth, as appearcrh by an Ordinance in Conn- 7 h. 4 . 
fell whereby trKcrm-ge of the houfhold is limited to 16000. markes. Ibhth F. 

Anr.o 12 & 18 H 6. the charge of the Kings houfe is reduced to a certainty , and »" :/ < , An • 1 z 
Icffened bv petition and order in Parliament FxIbt^L*' 

Anno j 2 £ 4. the King in Parliament promifeth to abate his hcufhold, and here- Ah°;rtj £.4. 
after to Hve upon hi« owne, fo letling a new feme of his Court, which is extant Exlibro Ordi» 
in many ha- ds.\r>d i-tiruled.Oidi^ations for the Kings houfe. * An°. 

tAnno 3 £ % 2. an Ordinance w s made for the Kings houfhold in eaftofthc Kings l ; lL <• 
people oppt* fled with purveyance, by reafon of the greifneffe thereof * and the 
motive of that Ordinance was, tor 5, e honour of God, and pr< tit of hoiyChurch, Qtt\ 
,and to the honour and profit of the King, and the benefit cf his people , according 

TO 



9 o That the Parliament andRingdome 



TO RIGHT AND REASON, AND THE OATH WHICH 
OUR LORD THE KING MADE AT THE BEGINNING 
ofHisRaignc. 

Ex Rot. Fir!. Tnus tf .2. did difcard the Bohemians, Anno 10. by an aft of Parliament at the 

7 & 1 1 h.4 & peoples petition (urcharged by them. 

&MM Thus H '* did With the G *f co *l neim & Wet/bin like fort, overburdening and im- 
A 7<?i*. povcfifliing the King and Realme with perpecualldiits, fo that in Court as the Re- 
tt. 4, cord faith,there were no men almoft of fiibftance, or valiant perfons, as there ought 

to be,biat raicals for the greater part. 
Rotulo ParUam. Hencc wa * it 9 that the wifedomeof former times forefeeing the mifchiefe the 
A°. 1 1 K.». °P cn hand of the Soveraigne might bring the ftate into,made a Law 1 1 R 2. that 
A° i jHf wnat *° evcr coinmeth to the King by judgement, efcheat, forfeiture, wardftiip, or in 
^l ' 4 ' ' ' any other waies, (hall not be given a way, and chat the procurer of any fuch guifc 

(hall be punimed. 
7 H.i.Rot.Far- This Law the Parliament continued 7 H. 4, untill the King was out of debr, ma- 
tiamentu king fruftrate the grants of thefc , and ofdaining a penalty of double value to every 

mover or procurer of fuch grants. 
Rmilo Tdrlk- The like in Anno 1 1 H. 4. and that no Petition for any thing ffiould be delivered 
K27m,A°.iiH. totheKingbutinprefenceof theCouncell, who might examine it, It ft that the 
4.V.293. Kings wants mould light upon the Commons. 

20 & z? H.tf. And to keep the hand of H.6. from waftfull giving,the Councell enduced him to 
marked 14. convey to the Archbijhop of Canterbury and others, all profits of wards, marriages, 

reliefes., ef cheats and forfeitures, to defray the charge of his houfe. 
Ex Rot. Pari It is one of the greateft accufations in Parliament agamft the Duke of Sommcrfet 
zS h -6. for fuffering the King to give away the pofleffions and profits uf the Crown in man 

ner of a fpoile/or fo are the words or the Record. 
ExRotuIoPtr* Andit was the firft and chiefeft Article tod pofe£. 2 for wafting, andbeftow- 
timtph 1 H.4. ing the Landsand the revenue of the Crowne upon unwoithy perfons , and thereby 

overcharging the Commons with exactions. 

(t)&Utth.Earu Nor yet to mention the Parliaments Soveraigne Power and Jiiriffli&icnMia 

y.soi, sfyM} making or proclaiming Warre or Peace 6 in which they have ofic tunes n lonely ad- 

9 $peedv?'lo Vl ^y ^ut ° ver *wa\ed the King; in creating the higheft Officers, in ordering the 

GrifionJi 188, Militia of the Ktngdome by Sea and Land by fetled Lawes ( ot which more anon ;) 

189,140,241, or in ordering the Coyne and Money of the Land, together wirh the Mint, ordefig- 

azijii^x-S. ning how the Subfidies and Aydes granted by them to the King, (hall bedifpofed of 

T ! r f VC Sttbfi. Co tile Kingdomes ufe, of which there are fundry prefidentS. All which, together 

dies andLRaftal w * cn tnc A&s concerning his T^r^?/**^, P addons y Charters % Grar>ts, and a 11 Reve 

Wane, Truce, we s Roy allure. (lrong(# ) evidences of its Soveraigne Authority. Nor yet to remem- 

Armes,Money, ber that inrallible Argument, to prove Kingdomes greater, and more valuable then 

Mint, Mutters, Kings;that Kings as publique fervants to their Rcalmes, ought to hazzard their lives 

m^&Poun- ^ rthe ' r Kingdomesfafetyaud prefer^ation (as many have djne in warres againft 

^! the Par- enemies) but never ought the whole Kingdometobclolt or hazzarded to preierve 

laments cwj the Kings Prerogatives .that of Iohn 1 1.4849, SO.and chap.iSi^. being an undoubt- 

R monftran- ted rule m Divinity and Policy. * That it k expedient tbar any one man y ( though a 

t;SC MiiTta ing Kin 'giy eaChriftthcKl ' n g° fKin ^J fiould die fir the people , that the yphole Nation 

Oof iJii*'on ? e "fi not '■> ratner tnen tlie w ho3[e Nation die for him. Triorqtte mihi & potior eym 

tic. Super °fi c H ***** efttftol humano genet truant ejuodumhominutn dele ^asSeneca deienefic.l.j 

£V.<aw.J7$.to j 75? . *5.e Afsr.fV'.j-. 2,68. legitm quod multi alii Regej t im cr Rtgui^fyue idmrtmdimiurm&>c. 

Cjcnt'dif 



are the Soveraigne Tower. 



Crcntilisde Jure Belti.l. i.r. i6*.rcfolve,fiom the light of nature and common rcaloii.i 
(hall onclyadJc this important conlideration toillulirate this obicured cnuh. Ic »Sw ; ; 
car^ lurdly fame probable,much leffe credible \ that any free people whatfoever whn 
they voluntarily at firft incorporated themfelves into a Kmgdome, and fit up an ck« "/ 
drive or hereditary King over thetn , would fo abfclutely refigut up their SovoraUm . v/ 
popular < • igwall authority^ power , and liberty to their Kings, their barn 3 andfuct <Jfors „ . 
for ever as to ?ive thim an abjolute, irrevocable , uncontroulible Supremacy over tkem i p .;.,. / 
(uperiour t^irreflrainable^irrejiftable , or unalterable by their ownc primitive inherent *^ r ' "*»* 9- 
Nationall Soveraignety, out of which their regall power w.u derived. For this had been w !?' 
to make the Creator inferiour to the Creature 9 the Parent fubordinatc to the Chili. *£ t \ j * ^ 
the Derivative greater then the Primitive y the Servant (for Princes are but their lT ] hu'^o Qro+ 
Kingdomcs publique Minifters ) more potent then the Mafltr ; of Prtemoufo hiv^ i Jure 

made thcmiclves and their Tofterity abfolute Jlaves and vajjals for ever 5 and in (read %elli s / 1 c .4. 
of a Principalityjnunded only for their greater fafcty and immunity^ to have ere&ed g ea * 7 * P* 8f * 
a Tyranny £0 their perpet nail irremediable Oppreffion and flavery : A mod brfltfth, lot- 
ting inconfiderate rafh acYion 3 not once to be imagined of any people 5 quite contrary 
to the practice of the Lacedemonians fRomans .Germany dragomans ,and molt other Na- 
tions, who ftill referved the Soveraigne power to thernfelves,and never transferred it 
to their kin$8 or E nperours > who were ever (iibjift to their jtarifdieHonSjand ccn- 
fure8too,asIfoallmanifeltathrgein the Appendix : no abfolute Monarchy being 
ever fet up in the world but by direft Tyranny and Conqucft ; as Qaffanatu in hia 
(fatalogus Gloria Mundipars 5. (fonfid*\. manifefts at large 3 not by the peoples free 
eltcYion and confent?. And had our Anccftors or any other Nations,when they flrft 
ere&ed Kings., and iotUtutcd Kingly government, beendemanded thefefew quciti- 
ons: Whether they meant thereby to transfcrre all their National! authority,power D 
and priviledges fo farre over unto their Kings, their heire?, 3nd (uccciTors for ever, as 
not It ill to referve the fupremeft power and jurifdi&ion to themielves 3 to dire& 3 ti- 
mit,reikain their Princes fupremacy & the exorbitant abufes of it,when they (hould 
fee jutf c »ufcf^r fo as not to be able ever after to alter or diminish this form ofgovcrn- 
mentupon any occafion whatfoever?Or if their King (hould turne prodded tyrants 3 . 
endeavouring to deprive them(again(t ail right and juftice)of their Lives 3 Good&, Li- 
bcrties 3 rleligioD,Lawcs ; or make open wanes upon them to deftroy them A or bring in 
forraigne enemies upon thereto conquer or fubjeS them to a forraignc power with- 
out their free confents^that yet they mould patiently fubmit themfelves to thefe their 
iinnaturall>tyrannicall 3 de(trncViveprocee lings without sny the leaft refiftance of 
them by necelTary defenfive Armes 3 or calling the to account for theie groiTe irregula- 
ritiesrl make no queftion that they would have joyntly anlwered(as I doubt not but 
our ParliamentSjKingdorEeSjand all other Nat!cns 3 Were they a* this day to inftitute 
their preercfted Principalities and King?,wouId anfwer to)thatthey had never any 
imagination to ere& fuch an ab{olute 3 eternall 3 unlimited, uncontrollable, irrefilt- 
able Monarchy, and plaine tyranny over them ; and that they ever intended to re- 
fcrve the abfolute originall Soveraigne Jurifdi&ion in themfelves, asiheir native he- 
reditary priviledge,which they never meant to divert them (elves of :that fo by means 
thereof 3 if their Princes (hould degenerate into Tyrants, they might have a juft 
authority., power, and remedy refiding in them,whereby to preiervethemfelvcs,the 
Nation. Kingdome , from u:tcr defolation, mine, and v.tiTnlage. An impresnab.'e 
evidence 5 that the whole Kingdom and Parliament representing U, are the mod So- 
vereign power; and above the King him felfe, becaufe having the fupream Jurifdi- 

&icr 



c; 2 That the Parliament and Xingdome 



ftion in them at firft,they never totally transferred it eo our Kings, but referved it in 
*lnMdch*Gol- themielves, which is likewifc further confirmed by that notable paffage of* Philo- 
{UfiiMvw- c heus Archilacus in his S omnium Viridarii, c. 171, Roy all power is inftituted three 
chidfTom* 1. mamer of wayes : Firft, by the mil andpleafure of the people, becaufe every people want" 

in? a King of their own (not being fubjetl to the Emperou^ orfome other King) MAY 

BY THE LAW OF NATIONS MAKE THEMSELUES 
A KIN G, <p$.Dift.c. Legitimajf a Koyall Principality be thus inftituted,as it isin, 
the proper pleafure and power of the people to ordaine, that the King (hall be eithtr Succtf- 
five or Sletlnve 5 fo it is in their pie afure to ordaine, that Kings fucceeding hereditarily 
Jhall enjoy their power due nntothem either immediately before any Coronation t or any 
other folemnity, or that they fhall receive this power onely by their coronation or any other 
folemnity about hint* T he reaf on whereof is, Becaufe as every one in the delivery cf the 
gift of his ownegoodt, may impofe what covenant or condition hepleafeth l and every man 
ts moderator and difpofer of his owne eft ate ; fo in the voluntary inftitutien of a Kinr and 
Roy all Power IT IS LAWFULL FOR THE PEOPLE. SUB- 
MITTING THEMSELUES, TO PRESCRIBE THE KING 
AND HIS SUCCESSORS WHAT LAW THEY PLEASE: 
fo as it be not unreafonable and unjuft, W direllly againft the rights of a Superiour : 
Therefore lawfull to referve the Soveraigne Power in and to themfelves, and not to 
transfer it wholly to their Kings. 

14 There is one cleare Dcmonftration yet remaining, to prove the fupreme 
power of Parliaments above Kings themielves, which is this : That the Parliament 
,„ - . r , is the higher! Court and power,to which all ( a* ) Appeale s are finally u> be made from 
^n& Smiths '" a ^ ot ^ er Courts and ludges whatfoever, yea from the Kings own perfonall refolution, 
Conation rteultb, *#j or out of any other his- Courts : andfucha tr^anfeendent Tribunallfrom whence there 
li.ct'Z, u no appeale to any other Qourt or perfon, no not to the King himfelfe, but onely to ano* 

Hohnfads <fe- t y r Parliament. If any erroneous Judgement be given in the Kings Bench, Exche- 
B' ? land ° 8 quer- Chamber, Chancery, Court of Wards, or any other Court within the Realm, 
p!i7t. and " or ln the Parliament in Ireland, it is finally -co be reverfed, or determined in Parlia- 
Chronicles of ment by a Writ of (y ) Error, or upm a Petition or Hill: If any fentence be unjuft- 
jrchvJ,p. ii7' Iy given in any Eccleiiaftieall Courts, or before the Delegates, the final! Appeale 
toiso. forredreffe mult be to the Parliament. Illegal! fentences in the (now exploded 

^Mffhn. cx *ravagant) Courts of Star* Chamber, or High Commijfun ; Injuriesdone by the 
\'y) l H«7- King and his privy Councell at the C ounce I I Table, ateexaminable and remediable 
1 Br.Pariu- in this high Court. Nay, if the King himfelfe mould fit in perfon in the Kings 
ment. 91-98. Beach, or any^other Court (as fometimes cur Kings have done) and thercgive any 
Error 65,88. j uc |g ement< j c ] s not f obligatory or finall, but that the party againft whom Judge- 
See "•*/&• Error mentis pronounced, may appeale to the Parliament for reiiefe, (as Seneca cpifi. 
}<.66 3 6 7 ,6S 3 7o ICO. out of Tullj de Repub. & Feneftella, Hugo Grot i us de jure Belli, /. 1. e. 4. 
* See ii- E. f.20.p, 65. record ; that among the Romanes in certain caufes they might appeale 
3.3. Error 8. f rom r j le Kin^ to the peopk.) But if the Parliament give any Judgement, There 
8 ": ff *^ x l ,r |' *can be no appeale to any higher Tribunal!, Court, or perfon, no not to the King, but 
ca*!u to if. * or.cly to the next or (bme other Parliament, as is evident by experience, by all 
1 hk«t 4-cdp. (*• ) Attainders of T'rea r on, by or in Parliament, by all inconvenient and urjuft Alls 
2,?,4* paffrd iv Parliament, ixhich <: one er ne e'nhtr King or SuljeB ; which cannot be reversed 

$H'.n.A.iz,il. „ or ?e p ea j t ^ though erroneous, nor the right heire refiored in blood by any (fharter from 

1 £//>c*tf« 1, h *!• fa c - *8. Anrlall A els for refLtution in bleed •of rerfons attaimeJ, and Ads of rcpe-tlingSca- 

the 



are the Saver aigne Tomer, p 3 



Now this is an 
infallible Maxime, bothiri the Gor:imon,CiviJI, and Canon Law, thai The( 

- • -, as the (\f) Kfa 

Bench is above the Cornm m Plcas^ the E above the Kings Bepcb, and ! ' .'" 

;f above them all, becaufe a Writ of I erroneous judge- 6 '' ,' , 

ments giver. intheOw non P/eac, lyeth in the Kiagj />./; ,!• : Er f& Kings Bench o, } ] 

. <W l/ /./• r i» U or cither oftbempi iy be rtdi ejt d (b) /; y/. ?.-,/ 1 ( . 
^ from, whence there is no further appeale. Hence thi \ J • 

conclude, a [' ) G* w roll I .ibo\e the P<?^ the Pope above the Archbifc £, the 

Arcbbifh p above i he Ordinary , becauie men may Appealefrom the i 

bipj»p, from him to the Pi>/>e (but now with us to the Ki/Tg/ Delegates.*) If there be any /.v. 2. <& a 
difference betweenc (c) King ov Subject , touching any inheritances, Privikdgei or tarn 
Prerogatives bel uoim to the Crojtmte it (life* or any points of inifgovcnimcnt ; yea, A ''" 
which is more, it there be any iuite, quarrcII,Or diiicrence bctweenc our rungs m %p H . 
Act, and any other their Competitors, (ri) j'>r the Crowne it felfe y which of them hath 4 j 2 . 506*24] 
belt title to it, who oftliemihall enjoy it, and how, or in what manner itll.all be H.% t ,-. 1% 
fetled, the Lords and Commons in Parliament are and ought to be the fole and h- £ a P*5j '"* ■ 
nail Judges of it. r P ™ 

Not _ to give you any inftancesof this kinde betweene l\mg and Subjects, whjch vCrfics 1 
I have formerly touched • nor to relate how our King John (c) eond.mvedto dc 




on differences betweene the Peercs and King s ofFfan.ce and them, concerning their Land' and 1 6 1 . Mud 

Honoetrs inFrance. Or how King Edward the third, zndPbi/ip of Franc* fubmitted p "% h M4- 

both their Titles to the Kingdome oi France, to the determination in a trench Portia* Fcx ° ld .; 

wciil , where they were both per fan ally pre/bit^ which adjudged theCrownc to Philip. Nor U)StcK 

yet to mention how the Parliaments and gencrall affembly of the ellates of / 

have* frequently d\fpofed of 'the Cmwneofthat Kin: dome, determined the controierfc > of(* 

the right Mid titles pretended to it ; and eletfed Protestors or Regents of the Re a f me during Fa ; 

ir t Kingj minorities ^^r^r^i*w 5 ofwhich I (hall cite divers precedents in the 
pendiX) to which I (hall referre you. Nor yet to trouble you with Spanifh Prea dent 
of this nature, «where the feverali claimes and titles of the pretenders to the G 
have beeue oft referred to, debated in, and finally refolvcd by their Parliaments and 9U 

lerall aflimblies of the $tatey/tf proper Judys offuch controicrpcs^s * c j 

wVr,and other tyanifh writers determined 5 as Philip the (ccond the 
18. King of J ! his title to that Crowne and his competitors, together with 

the rights and claimes of Alfonfo the 1.3.5. JobnAci. Emanuel and other Kings of*"»* T l 
Portugal!, and their Corivals were folemnly debated and determined In the affcaibly o fhofM> tt« 
oftheStates of that Realme, and of divers Kings and $ueenes of A,. -., , C iftife, ' i' ... 

arrt'A pregnant argument, that their aflemblies of States are the foveraigne Tri- > ; Q. r , 
bunall, fince they have power and right to determine and fettle the defcent. rig&t 

6 4 8 
* Sec Andrew Faunc his Thearer of Honour,/.*.'". I 2. Vdian, rhc gencraM Hiftorj of Fl 1 he .Ap- 

pendix. * CenjU'-aDuvdi Kcvai^lnjnbphi Teixers ///v//:<7i,c. 76. to 82. ■• l Regwn-'Voitugol 6 

1 8- + MunJIt'i £o/imgr t { %.c. :o,ii .fan Mammd>:R?ge& Recis Jnflit. /. i.e. 3. + 5. Jnlchael 7(iiim . • K 
Hijp.m;j ancj others. 

K and 



94 



That the Parliament and Kingdome 



* Sve Matthew 
Weft >ri. Fabian. 
Graficn, Holin. 

* Pul)chrcv.l.6 
c.i 8. Speed, p- 
599. See Graf- 
ton ■AXidHolin- 
(he d according- 
ly. 

* Matthew 

WcftmmflerSc 

Malmefbttry, 

liv.jkd,L 17 -c- 

Speed, p- 404. 
Huntingdon* 
Walfingl 'jam. 
Anno 1036. 
IO40. 

+ Huntingdon ,/. 
6. Pihchycn. I. 
6c. 18 S/wtt. 
p.WQ.Mnitheve 
Weft with Anno. 
1042 />. 41 y. 
(Jt) Ilvucden, 
jHuntingdo'h 
Matthew Weft m\ 
Matthew Far is, 
Walfmgham^o- 
Iychroniccn 9 Fa- 
bwty'An, 1126. 
Speed p. 4 7 7 - 
See Holmjhed, 
Grafton, Stew, 
Ann) 1 j 26. 
(lyMfinghan, 
Jpod+An, 1 1 1 5 
Jla'tbcxvWrftm. 

^•82,85 %^ 
f 497 .Hoveden, 
p 49°-Hunting- 
dpnfl'rft. t.S.p, 

19*.Fox Vol, 

r " ? ; ^5. £. 

J'ar. i.in rhe 
S(atuts at large 



and fucceffion ofthe Crowne betweene thofe who pretend titles thereunto : I (hall 
confine my fclfe to domelticke precedents. Not to repeate the (i) forementioned 
precedents, how the Lords and commons when the Tide to the Crowne hath been 
in difpute have transferred it from the rightfull Heires to others; I (hall give you 
fome other pregnant evidences, where the Parliament hath finally determined the 
Title to the Crowne, when it hath bcene in competition, and fetled it in a legall 
manner to avoid debates (by way of Appealeto them by competitors, or reference 
from the Kings themfelvesjas theonely proper Judges of (uch a fuperlative contro* 
verfie. Not to mention any ftories of our Britifh Kings to this purpofe, where the 
* Kingdome, Lords and Commons then, difpofed of the Crowne in cafis of minority > want of 
Heires, mif government, and controverfts about the Title to the Crowne. , 

* Canutus after the death of King Edmu?id,Anno 1 017. clayming the whole Realme 
again ft E^/m#tw# Brethren and Sonnes, referred his Title upon the agreement made 
betweene Edmund and him for this purpofe, to the Parliament, who refolved for 
Canutus Title, and thereupon fcookeanOath of fealty to him, Offering to defend bis 
right with their fwords agamfl all others claimes. After his deceaie^ the * Title to the 
Crow?je being controverted betweene Hardicanute the right Heire, arid Harold his elder, 
but bale Brother ; it was referred to a Parliament at Oxford, who gave their voyces 
to Harold, (there prefentj and prefently proclaimed and confecrated him King- 
Anno 1036. After whole death, the States oi England Cent and adjudged the Crowne 
to Har dicanute, then in Denmar^e. He dying, * Edward theConfejfor, by a generall 
confentofthe Nobles, Clergy, and People (who prefently upon Harolds death, en- 
acted by Parliament,} That none of the Vanijh blood fiould any more Reigne oier them) 
was elected King, and declared right Heire to the Crowne, Anno\\i6. (i^) King 
He?iry the firft having no iflue male, but onely one Daughter Maude, to fucceed him, 
fummoned a Parliament in the pre/ence of himfelfe and David King of Scotland^ 
wherein the Crowne was fetled upon Maude after his deceaic, being of the ancient 
RoyallEnglifh blood 5 whereupon Stephen, his Sifters Sonne, and all the Nobles 
presently fwore fealty to her, As much as in them lay, after King Henries death (if bee 
died without iffue male ) to e ft ablifi her Queene of the Monarchy of great Britaine. But 
Stephen after his deceafe, ufurped the Crowne againit his Oath, By the unanimous 
confent and election of 'the Lords and Commons : And after feventeene yeares civill wars 3 
to the deviation of the Realme (/ ) King Stephen and He?iry the Sonne of Maude 
came to a Treaty ztW ailing ford, where by the advife of the Lords, they made this 
accord- That Stephen if he would, ftou!dpea:eably hold the Ifingdome during his life, and 
that Hcvry fhwld be bis adopted Sonne and Succeffor, enjoy the Crowne as right Heire to 
it after his death ; and that the King and all the Bifwps and Nobles fiould fwe are, that Hen- 
ry after the Kings death, ifbefurvived him, foould poffej]} the Kingdome without any con- 
tradiUim-. Which done the civill warres ceafed, and a blefled peace enfued : and 
then comnJng to Oxford, in a Parliament all the Nobles did fealty to Henrys 
who was made chiefe Jufticiar of England, and determined all the affaires of the 
kingdome. In the 8. and 2^. of E. 3»there was a (m) doubt moved in Parliament^ 
whether the children of the King, or others borne beyond the Seas within his Allegiance^ 
pould inhe'r it lands in England? The King, to cleare all doubts and ambiguities in this 
caft, and to have the Law herein reduced to certainty^ charged the Prelates, Earles, Ba- 
ro/ii, and other wife men of his CounceU affmbled in Parliament in the l^yeare of his Kaigne y 
to 



are the SoVeraigne To^er. 9 5 



to deliben to*d 9 That the Law of /A,.- Retime of 

Id, en oj 1 In Kings tf/'Kngland in n! 
Vj w Ene 1 be able and qm to bear, inherit we n- 

Which when tlicy had declared, tbe King, Lords md 
imonsbyafpe iall Aft, did i >d ajjirmc tbU Law for tvtr z the onely A& pafm 

And in a ^Parliamcncl 1. /. 3. this Kings eldclt fonnc was *<?**? A*. The 
CJTit by Parliament, which then alfo entailed the Dutchy of P ' ,ncc ac « 

Cornwall upon the eldelt iLnnes of" the Kings or FngJand. So2i./(.2.c. 9. the 
Principality or C/fre/?er was created and fetled on the Prince by Aft of Parlia- 

* King Ffrwrythc fourth, the better to affiire the inheritanceof the Crowncs and "'^. 4 ' n ^ f 
Realmesof KwglWand prance to him and his polterity, caufed them by a fpeciall i.H4.f.\Q.i%\ 
Aft of Parliament, inthcfiilt yeareof his raigne, to be entailed and f tied on bim- Fabian.^rr.7. 
jelfeaud the beire ( of bis ho Jy begotten ; and Prince Henry Ins eld ft fonm to be efiablifi- p. 3 7^ Spud 
td, . ' ed, and decreed beire appar ant to him > a?:d to fucceed bim in the f •?**&• 

ftiii I Rcahms, to have them with their appurtcnan.es after the King! death, to 

him antf r ' v beires jj bis body begotten ; And ij bee jbnuld die without beire of his body 
. ihen t) remain* to tbe Lord Thomas, tbe Kings fecond fin /a.", with JucceJJ-ze 
fmalndm to Lwd fohn the third, and Lord Humfry the Kings fourth firm*} and the 
•s of their bodies begotten. After which Aft palled (for the avoyding of all claimes, 
titles, and ambiguities, to be made unto theCrowne) he thought never by any of 
his Subjcftstobe moleiied or troubled: the rather, becaufe in this Parliament it 
was rirlt concluded ; that depofed King Richard mould continue in a largeprifon, 
and bepienteoudy (erved of all things necellary both for viande and apparell, and 
if any perlbns mould prefume to rearewarre or congregate a multitude to deliver 
him out of priibn 3 that then he mould be the firft that mould die for that feditious 
commotion : Which King Ri:bard(as* Sir John Bigot by his Bill exhibited to * pdun, t>*rt. 
this Parliament averred) had divers times, at fundry Parliaments in his tirns hoi- 7 pnu 
den, faid ; that hce would have his intent and pleafure concerning his owne mat- 
ters, whatfoever betide of the rehdue; and if any with (food his will or minde, 
he would by one meanes or other bring him out of his life 5 And further faid to 
him at Lichfield in the one and twentieth yeareof his raigne, that be defied no fagcr 
for to live then to fee bis Lords and Commons have him in as great awe and dread,as et/er they 
had of am his Progenitors, fo that it might bee cbro.r icled of bim, that none paffed h'wi 
bononr and dignity, with condition that be were depofed, and pm from bis (aid dimity 
tbe next morrofr after* So wilfull was hee, as to preferre his will before his Crown* 
or fafety. 

(«) IntheyearesT44o. and 1441. Rkbsrd Duke of Tor k^ came into the Parlia- , 
nient Houfe, and there, in a large Oration laid claime, and fee forth his Title to ,9' 
theCrowne of England, which King Henry thefixth had long cr, joyed, defiring f.176. to 185. 
the Parliament to determine tbe rinjjt of the Title betweene them, both fides fnbmXt'mg to their f^*»», ^ ; " > 
resolution as tbe proper Judges of this weighty royall controverfe : After long debate and I**}' ?' V°* 
conlideration of the caic among; the Peercs, Prelates, and Commons of the 
Realmc, it ivas finally agreed and refilved by them : That in as much as Henry ihefxtb had fbed, Stcrr\ 
leene takgi as King for $$.yeares and more, that he fijould enjoy the name and tide of Kind, timers, A 

K2 and J4^H4I. 



g 6 - That the (parliament and H\ingdome 



and bavtfoffcfjtm oft he Realme Muring his natural! life. And if be either died, §r refigmd 
or F O R F A I T E D T H E SK ME for breaking any part of this concord, then thi 
faid Crowne & authority royal! fhould immediately defend to the Duke of Yoike^King Ed- 
ward the 4. bit Father) if he then lived . or el/e to the next heire of bis line. Andtbat the 
faid Duke from tt enceforth fi'ould he Protester and Regent oft he Kingdome. Provided alw 'ay 
that if the King did do fly or apertly^ftudy orgoe about to break* or alter tlm agreement, or to 
compafje or imagine the death of the faid Dnkg or his bloud; then be T O FORFEIT 
THE C?vO\NNE:a?idtheDuke TO TAKE I T : Theft Articles made by 
the Parliament betweene them., they both fubferibed, fealed, and fwore to, and then caufed 
themtobeenaUed. Loe here we have thefe two Kings fubmitting their Titles to the 
Crowne andKingdome it felfe to the Refolution or both houfes of Parliament, as 
the Soyeraigne judge betweene them ; who fetled the Crowne in this order., under 
paine of forfeiting it by KingHenry, if he violated their Decree herein • and ap- 
pointing a Lord Protcttor over the Kingdome inbvs full age, as ( 0) Walfingbam in- 
(0) H'ifioru formes us, a Parliament conftitutedDul^eHumfry to bee Protestor of him and his King- 
Vwlitme'tmm ' ^ ome "/England:) and the Duke of Bedford to bee Regent of France, during bis minority^ 
fait convocawn who exercifed all regall power, by vertue of that authority which the Parliament 
in quo Parlia- derived to them. After this, in thefe two Kings reignes, Q>) the Crowne and its der 
memo ex ajfenjk font were varioufly fetled by Parliament Cas I have formerly manifeited) yet fo, as 
uT'^mD^x t ^ iat wn * cn one Parliament fetled in this kinde, continued rlrme till it was altered or 
Definfor feu ' reverted by another Parliament. King (q ) Richard the third comming to the 
Pjotdh/An- Crowne by ufurpation, to ft lengthen his Title 3 procured//^ Lords and Commons 
gli* frerat no- to paffe an Aft of Parliament, wherein they declare him to bee their lawful! King, both 
mmatm <& or- ^ e i e ffc on an dfucceffion, entaile the Crowne upon him and the beires of bis body lawfully begot- 
Rcgni official ien,create bis Sonne Edward, Prince ofWales^and declare him heire tojucceedbim i?i the royaU 
beneficia ejus Crowne and dignity after his deceafe. 

dij'pcfuioHi funt In which A£t of Parliament Crecited at large by Speed) there is this memora- 
T^BiC afron ^ e P au ^ a § e : That the Court of Parliament ii of fitch Authority, and the people of this land 
p.6gi 692. offuch a nature and difpifitwt, as experience teacbeth ; that manifeftation or declaration of 



$ peed p. 8 j 9. any Truth or Right made by the three Eft ate J of this Realme Affembledin Parliament , and by 




ffifl.p.92$.9li *it* andquefiions of his title to the Crowne, in his firfi Parliament procured the Lords and 
ii) Hats chrc. Commons by afpeciall Aft Jo fettle the inheritance of the Crownes 0/EngIand and France, on 
r *\' rr ■*" ^' im wdibe beires of bis body lawfully begotten^ perpetually by the grace of God, fa to endure, 
{s) raponf. an j onnoneot ^ anc i a l] attainders and A&s againit him, by Edward the fourth, 
ttjsp.p.ioi*. and King Richard (/) this Parliament annihilated. After him King Henry the eighth, 
(*) 25 H. 8. to ratifie his divorce from Queen Katberine,cm(id it to beconrrrmed,and hisf*)mar- 
z%, 16 H. 8. c. r | a g e w j t { i ner t0 ij C ut;tcr ly diflblved by A6t of Parliament : and by (u) fundry A&s, 
1 * 2 H 8 c <" ra **fied his fubfequent Marriages , and fetled the defcent of the Crowne to his poflerity, fome- 
Sce Hail. * vpl ° at differ cm from the ccurfe of the Common Law ; which Statutes were afterwards alte- 
(x) 1 Mtr.c.i. red and the defcent of the Crowne fetled by other ipeciall Eils in Parliament 3 both in 
& Pariiair.cn: z. Q^ Gyrene Maries, and §hteene Elizabeths Reignes,whofe Titles to the Crowne were 
c.i.iA.Ei'.ci f et l ec i : and in fome fort created by the Parliament. 



are the SoVeraigne Tower , 97 



By the notable Sea. of ig. E&c 1. worthy reading for this purpose, it it made 
then high Treafotij toafiirniej That) ie, WITH, and BY 1 

AUTHORITY OF THE PARLIAMENT 

mil. hath tj to BTNDE, L] M I T 3 ft E- 

STRAIN] «?<<// PERSONS,THEIR RIGHTS AND TI- 

TLE S T H A T I N A NY W I S E m tj \ intenfl or poffihiRtU 

\ \ K TO THE CROWNE OK ENGLAND m POSSESS [ON. 
\\ KM A l\ DKR, iNHERlTANeEjSUCCESSION^ OTHER- 
SOEVER-. *W *// ff/i&cr ^er>w tvbatfoever. King Edward the 
» 3 and other our Princes holding 'their Crowncs by a Parlia- 
mentary Title, rather then by the courieof the * Common Law, which this Sta- + ?Cc Cee^sJn- 
tote affirmes the Parliament hath power to akerx even in cafe of defcent of the , u 
Crownc. 

It is obfervablcthatthe Statutes of2$ H. 8.C.22. 28 H.Z.c.j. and 35 R8.ci.doc 
hotonelyN*//i/z« (bmeoftbu Kings marriages'} and ratip'e others of them, declaring fame 
ef bis iffues legitimate and he red it able to the Crownc, others not, and appoint the gueene, if 

tg, to be I 1 mt King or §ueene, that fiould inherit the Crowne; or\ 

of the Lords m \ by his Lift will fiould defigne ; But likewue prescribe ftrift Oathes 

for every Sub jeft to take, to maintaine theSucceiTion of the Crowne, as it is Jimi- 
tedbythofe Aft?, which Oathes for any torefufe, is made high Treafon, or to 
DC orfpeake any thing again!} the fucceflion of the Crownc as it is therein limi- 
ted : And withall they derive a plenary authority to the King (who thereupon 

ft and confidence his loving Sub je^s had in him, in tutting in * ,jH < 
ands wholly the Orde) and Declaration of the Succefjion of this Realme^ by his Letters 
founts wider hi? Se his hfl will in writing figned with his bandy fir Udx of iffue 

5 to * give, limit, ajfigne, appoint or dijpoft the imperial I Crowne * 2 8 H. 8, - 7 . 
of the Keatme, to what ferfon or perfons, and for/itch eft ate in the fame, and wider flub condi- * * **• fc ' ■ I • 
tions as itjbouldpleafebii Majtftj* Toe Parliament therein prom ifing by o?ie common affent 
fove 9 dread,andobt LegallGozemours, and Supreame heads, fitch 

perfon orperfons m ly, as the Ring by authority oftbofe Acts froufdgiietbe Crowne unto, and 
Uytoftiehetothema* true faithful! Subjefts, Provided, that if an) of his Children or 
Heires, afterward did ufurpe one upon the other in the Cruwne of this Real, ne, or chime or 
challenge the J aid imperiall Crowne, otherwife,pr in any other courfe, forme, degree or conditi- 
on, ti nejhould ' difpofed, or limited unto them, by the King, < : ojtkofe 
AUs . Or if any per fen or perfons to whom it fiould pleafi the King, bj authority f thole 
ABs to difpofe tbi :j ( aid Crowne and Dignity of this Realme, or the Hi ires of am of th 
it) er demand, challenge, or claime the Crowne of 'this Real. 
• any other courfe,forme,degree or condition, then the fame fiould he given, difpofd, and 
1 I unto them by 1 he K ing,by vertut and authority oft!: efe Ails • That tbt n all, ana Ifiuoulj 1 
tders, in any of the premifes contrary to thefe Alts, and all their Abettors, Mainta'mt 
Fa&oUrs, Connie/lours, and Aiders therein , fhall bee deemed, and adjudged HIGH 
T R A Y T O R S T O T H E REALME; and that n ay fuel, offence flail be at- 
cepted^eputedyand taken TO BE HIGH TREASON, and the. offenders therein, 
their ayders,&c. for every fuel? offence fiallfuffer Jhch ptdg m \ lff ts and 
forfeitures of Lands, Goods 9 and Privikdges of fanciiury, at in any cafes of high Treafon. 

K 3 And 



£ 8 That the Parliament and Kingdom* 



And over, that x well THE KINGS SAID HEIRES AND CHII- 
D RE IV EVERY SUCH PERSON & PERSONS TO WHOM 
THE CROWNE SHOULD BE LIMITED AS AFORE- 

SAID, and every of their Heires, fir every fuch offence above fpecijied,by them to be corn* 
nutted, SHALL LOSE AND FORFEITS AS WELL ALL 
SUCH RIGHT, TITLE, AND INTEREST/THAT THEY 
MAY CLAIME OR CHALLENGE, IN OR TO THE 
CROWNE OF THIS REALME, AS HEIRES BY DE- 
SCENT^! BY REASON OF ANY GIFT OR ACT DONE 
BY THE KING, fir bis or their advancement, by authority of thofe AUs, or- by any man- 
ner of meatus or pretence whatfoever. 

Ar.d the Statute of $ 5 H.8. c. i. which emailed the Crowne upon Queene Mary, 
after Edward the fixt his deceafe without hTue, hath this provifo ; cc That if the faid 
cc Lady Mary doc not kecpeand performe flich conditions as King Henry by his Let- 
cc ters Patents orlalt Will in writing , ihould hereafter declare and limit to her faid 
cc eftate in the Imperial! Crowne • That then and from thenceforth, the (aid Ini- 
cc periall Crowne thall be and come to the Lady Elizabeth, and the Hdres of her bo- 
cc dy lawfully begotten, in fuch like manner and forme, as though the faid Lady 
^ cc Mary were then dead, without any Heires of her body begutten,any thing in this 

\i\iMttrU ' " A&containcdtothe contrary notwithstanding. And the like provifo there is fir 
VarLi.c.1, cc Queene Elizabeth, That if (he performe not the like conditions, limited as a forc- 
es; 2 5 #8.c. cc faid, to her eltatein the Crowne , That then the faid Imperiall Crowne (hall be 
J9,2r. 26 H.% cc anc j eume to £ uc fa p er i on or perfons as the King by his Letters patents or Jaft Will 
c'iaa8 #.8 c * ^ a ^ a PP°^ nt * % a ^ ^^ich A&s, (worthy reading and consideration ) the Par- 
p. 1 6.3 itf.s c. Iianicnts Supreame power of fetling and difpoimg the defcent and inheritance of the 
22,14,29. 31 Crowne, and giving Authority even to the King himfelfe, to difpofe of it upon 
B.$. <- 10,14. condition, en paine of forfeiture as aforefaid ("which the King alone had no pow- 
-4& #«' erat a ^ t0 ^ oe ) w *^ eal ^y appeare to the moil: malignant Spirits. 
17,19, 1 j IK* Inthetirftf j) Parliament of our late King James, the firft Bill then pafTed, was 
ci, 3. 1 Eli. f.i an acknowledgement^ and confirmation of his immediate, lawfull, and undoubted 

I E.6.c.i,iMa. fucceilion and right to the Crowne ofEngland, as the next and onely Heire of the 
C *8 £/ Par] ' 2 C * ^lood ^oy^W, to whom of right it defcended ; which Dolman the Prieft, andibme 
(b) Walkngham J em * tes oppofed in Printed feditious Bookes.So the (z) Articles otQn.Mams mar- 
Hift.Angl.H.% riagewithK P/^i/z/ywere appointed, and ratified by Parliament: And the Imperial] 
p>4<>S.speedp, Eccleiia.ticall Jnrr&iftjon ufurpedby the Pope and Prelates, hath likewife by (a) 
1 108. a s h. 8. f unc i r y Statutes beene reilored and united to the Crowne, and the Title of Supreme 

II 'flak rh ' C ^ L ' *^ y an ^ S li P reame Oovernour in all caufis, and over all perfons, Spiritual!, Eulefiafiicall 
\H,6. * and Temporal!, fetled upon our Kings and Queenes; Who during their minorities 
(c)Hifi. Angl have had Guardians and Protectors, appointed to them by (b) Parliament, to fum- 
p. 161026. 31 nion Parliaments, aflent to Bills, and execute all Royalljurifdi&ion in their names 
^S^J&//° an ^^ ea ^s. And as the Title and Right to the Crowne of Eng land, and the Jurif- 
Grafiofiy^tgtP & diftion thereof hath thus from time to time beene decided and fetled in and by our 
Speed in the life Parliaments, fo hath the Title and jurifdiftion of the Crowne oi Scotland, beene 
ofEdw.hs Frft. C c ) frequently dticuded and ietled in our Parliaments, upon appeales made to them I 
^Volig.KeK}lp. ty t i le ^j n g S {ScotIa?id, and their Gorrivals to that Crowne ; VVitnelle the famous 

cafe. 



are tkeSoyeraigneTo^er. 90 



c ife >\r\A competition tor that Crownc long agitated and refolvcd in Parliairient be- 
ing ofNoway, hailiol, and Bntce,(to omit others) in the ; 

• And this King Ednrardj Title to the Crow ne oi .: la- 

nd refolvcd by our Parliament here 5 All which are Recorded at large by 2 

rm^and Matthew U'cftminjhe, in the lift: of King Edward the firft,and in 
the Parliament Rolls,and Pleas of his Reigne, with (V) umdry other inlfcmccs of 
this nature (frequent in our Hiltorians) which tor brevity I pretermit. fjj , y. rK 

Ir is a (f) clcape cafe without difpute, that if the King ihould dye without any («j 3 5 H.8.C.1 . 
Heire, theCrowne would delicate to the whole Kingdome and Parliament, who 
might difpofe ofit in fuch a cafe, to what perfon they pleated, or quite change that 
fornie of Government, i f they Taw good caufc ; no particular kinde of rule being fo 
limply neceffary by any divine Right or Law to any State or Kingdome, but that as 
it was at fii ft inftituted, lb it may in fuch a cafe be changed by the whole Kingdomes 
general] confent, upon Sufficient grounds.This appeana by thecaie of * Charles the 

v, who being depofed from the Empire and his Kingdomes, for a madman, * Blondut De- 
anddyingwithaUtanyHeirCj the Kingdomes which before were fubjeft to him, cad.il.i.R 
Veflityte cfa right Heire, began to fall in fitnder on every fide > and to chufe Kings of them- l-i.^". s °o Bi- 
fhes of another Family. France clccled Cb arks, a chiide, lirnamed Simple, for their CMfo*?Sub- 
King; and zttev his fiwplicitydifpleajed them, they Crowned Otho Sonne of Robert jetHon&c.pJ. 
Duke of Saxony, in his place : Atthe fame time the people of Italy meaning to have 3.^.42 3. 
a King of their owne, could not agree on the matter, but feme chofc Beringariw, 
others Gitidn } M\d Co had two Kings in Italy, both calling and bearing themfelves as 
Emperours • And the Germane* elected Arnolph Duke ot Bavaria for their Emperour. 
Thus * Zeno the Emperour dying without any Heire that might fucceed him. Ana- * Zcm. Anna!. 
fafm a man of great reputation;, yH of no Noble Family, was chofen his SuccefTbr, 7rn.|./ia6. 
b)the Senate and Legions. The like we reade of divers other Emperours decealing "n{tfp?ol 
without Heire ; of lomeof our Saxon and Britijh. Kings, before the Qonqueft ; and 
of other in CaftikyAragmjk other Kingdomes,whcre the Crowne hath beene tran- 
flated from one Family to another, by the Kingdomes content tor want ofHeircs. 

V/urdut * Nonittf Leo, a learned Portugal! Lawyer, informesus; Thn Ferdinand Mr . r • 9, 
King of Portugal!, dying without any la wfull Heire, lincall or collateral!, as they f e pb.Tei.I 
beleeved ; the Eirates of that Kingdome affcmbling at Coimbre, cleft" ed John aba- c.78. in} 
ftard for their King upon this very ground, (fpecified in their decree of his Eleftion ) ^ifleriml 
That King Ferdinand dyed without any lawfiill ifliie or kindred • U NDE 1U- Uh ^ 7 *'" 
RE GENTIUM, Whence BY THE LAW OF N AT I O N S, ir Il5 °' 
they affirmed it to BE LAWFIILL FOR THE PEOPLE TO 
CHLISE A KING OR GOVERNOUR, WHOM THEY 
PLEASED. BelecviiiiZ therefore, that they had returned to that ftate WHFRE- 
IN BY THE LAW OF ALL NATIONS THEY MIGHT 
CREATE THEM A KING, namely the kingdome being voyd without 
an Heire ; They [aid they might lawfully eletf John, a mnjl valiant man, and one who befl 
icd of the Common-rveale to be their Kingy he being begotten of V \ he Kings of 

all, Thus this whole Parliament at Coimbre; and this Lawyer there, and *Md v 7''.: 
dfewhere * affirmes ; THAT BY THE LAW OF ALL N A T I- 1 M 8 - 
ONS, if the Kin^ in an Hereditary Kingdom* die without Heire\ THE PEOPLE 

MAY 



i oo That the Parliament and IQngdome 



MAY LAWFULLY ELECT WHOM THEY PLEASE FOR THEIR 
KING; as they do in all elective Realmes: Which Joannes Marlana.de Rege & Regis 
hiftit. Li % c. ,^4. doth like wifeaycrne: The reafbn is, *Becaufe the whole kjngdome 

* See Mxnui and people are the original! jupreamc S Over aigne power ^ by whofe common consent and Antbo- 
tHinchiULl 1 1 r **f wfewfidl K.ingf 9 Ifingdomes, and Royalties were at fir ft created and instituted, and 
3 ,6. p. 1 9,20^ f rom wbom they derived all their regall Jurifdiftion : And c here fore as all MefhdltieSyTc- 
z7,4-y, HO} nancies, and Fees,by the deaths of their! enants without heire, reiurhe byway of Ef cheat e to 
1 -\ 6 - thofe Lords and Ser,jniories, by whom they were original 'y created ; and all politique Corpo- 
%£+?*!& f^' ration Lands fas AbbiesSrioics.Bi(hoprichS)Hofpitals,a?id the like,)by the diffohition of thofe-' 

TdD.llt.EjLWat f, . .^ . , D , ./? J * ^~ - ?■ n r t ti'f * lira- 

* Ecdef. 1.7. Corporations by death or otherwtfe, retnrne to tbeprft founders of them ; ( as * all fevers run 

into the Sea, out of which they primitively ifjue : ) So alt fuccelfive kingdomes by the 

lelfe famereafon, upon the Kings deceafe without any laivfull heires to inherit or 

fucceed them , mult by all Law, right, equity, revert to the difpofe and dominion 

ot all the People of tfee Realme,or to the repreicntative Body thereof the Parliament 

as to the Supreame Lords and Founders of it ; from and of whom the King himfelfe 

doth hold the Crowne, (if I may fo fpeake) by thofe regall duties and fervicesexprefed 

in gene rail in hk Coronation Oa:h, which he takes to all his people ; and if he die his Heire 

*SeeL*> Pi to tnc Orowne being within age, the Parliament and kingdome as the Soveraigne 

twdi Confef.c. Lord and power may and ufually dcth appoint a * Guardian and Lord Frotec'for over 

i7.Bra.L1.c9. him (as I have * elfewhere proved J \tzll bis maturity, to difebarge his regall Truft and 

* See Par, z.p. duty to his people in his name and ftead. Hence Hugo Grotim in his Booke dc Jure Belli 
48 to 6 j. g, tacpf 9 1.2.0.9. feci. 8,9, 1 c,i I . concludes : That if an eleViive Ring dye;, or a fuccejjue 

Ring deceafe without any hpowne heire to fuc seed him, the Empire or Soveraignty which was 

in ibe Ring as Head, retimics unto, and remaines i?i the people as in the iniire body } which 

continues the fame it w m before : And therefore in fuch cajes they may cither create a new 

Ring if they plea ,'e, as in elective kjngdomes, or divide the kingdome into parts, and creel a 

*Ve Jure Belli new Empire, as the Romans, Germans <*?/^ Perfians did-, or change th. Government • the 

/-'?vrh" people in this cafe being Sui juris, havingtberaines oj "Government in their owne hands, as 

d ffeience be- at $ r fi ^ e f ore '%' erditim hereditary Monarchy, to order and difpofe of the government as 

tweeneChrifti- they pall thinke mectc: it being a thing which in its owne nature is not capable of an Occu- 

an-fubjefHon & pancy, nor feiftble by any, unlejfe the people will voluntarily defcrt their owne liberty, none ha- 

unchnQian re- zing authority to' ufurpe u regency over them in fitch a cafe, but by their free affents. Upon 

C I'^Jo aiz! wn * cn ground he holds yvhhCjnuf, and Raynoriur, That if the Roman Emperour ( or 

(g) See the ge- an 7 other King by like reafbn) beficke>or taken prifoner,fo as he cannot adminifter the go" 

nerallhiftor) of vernme?it, the people of Rome /way create and appoint him a Vice-roy to governe them- the 

France m his power of the Emperour^ andthemoftalfoluteA^o?iarch,beingo?2elyapoivcrofAdminl(iv^ti- . 

&Htf48 / 1" on f ort ^ e peoples good and fervice, ?iot of 'dominion for his owne profit • of which ?Jone but 

24s . Nauclerw *^ e V c(f P^ c can dijpoje • as* Abber'ms Gentilis proves at large. 

vol.3nGetr.16. Yea, Bifhop Bilfm (/) hjmfclfe ( though a great Royalitt,) pcGtively affirmes 5 
Bhndus, Decad. That if a King^ or right Heire to any Crowne be borne, or becomes a naturallFoole, orftarke 
1 ,io Avcnti- m2 d^ or run befid.es himfelfe, Co that he is not able to governe himfelfe,much left his Realme -. 
W3o- G^!^^^^^'A^.Y REALME BY PUBLICKE CONSENT and 
imCi.inkr. ADVICE MAY CHLISE ANOTHER KING: (for what fhould 
Mil t. Herman, he doe with a Royall Office, or by what divine or humane right can he enjoy a 
Sr ^ C f<'ef h ^ ^ l ' owne 5 wno is Otreriy u:-:ableto manage it>)Upon this ground fg) King Childeruk^ 
'"' '' wasdepofedby his French and G .7 man Subjects genera! 'I confents\ becaufe he was a 



are the Sweraign Tower. i r I 



foi/y a $$t % a Bufii er* h*i Kin^d$m t and Pepin of another race, H 

andcrowmi King in fa Flich acl by Pope XschvnsrcColutioi^w^s 

both juft and hwfiill, even in | oint ofcon/ciencc, before it was put in execution. 

S j (3) Charles the third , the raft Emperour of Pepins race , was cfegafcd from the I jW* 

fecond. falling into a fan/ieand madneflc," fa that he had no fenfe nor dndcrftandipg Gam cM. 1 ?< 




as 4>r fubjeef unto the finfet^ u herewith 1 my ft If now (alas) fc«g fnared, have brought b'ft.l.i.s. 1 x 1.$ 
iwj fclf {otltfly into grievous torments. Wherefore in governing the Empire with tnmm AmuU 
great moderation and mi Line fie cfjpirit, rcdrcfie trb.tt is Ann fie, anacorreel wb.\t 1 have r ° 3i - 2 f- j 5°- 
tetoMy committed. And pointing at his ill Councilors with his fingcr,he laid; *Jhfu ill]*^?** 
muff in no Wife be ruled by the'e menjfor thefc be thoje which brought me into tins lament- * ft ota% 
nblc plight ^.nd the mifery tlmifccfr we in. A memorable Grange fpeech of a diftracle-d 5 Grmfimit** 
Prince. And thus the Emperour (5) fVencefaMS^VJ^ likewife depofed by the Princes pcriali Hiftory 
tkcTors of the Empire, For befitting himldf fo With pic afures, oc. at thai he became P*1*hS*** - ^ 
Altogether unfit for the govcr-nnxnt, and a man unprofitable for the Empire and Chrijtizn 9 . jT^rt , 
Cammoyi-Wedth ; and ELutert Count Palatine of Khin^ and Duke of Bavaria, was itimalViWCtLjL 
clcftcd Emperour in his (read. The like (no doubt) might be lawfully done herein An.-i$oo. m ' 
England, by the whole Kingdom and Parliament,! f any fuch cafes of incurable folly GermjHifi.T*m. 
cr frenzy fhould befall any e four Kings,, who might then either create a Lord Pre- *•* l<6o - l%l \ 
feclor to govern both King or Kingdom, during fuch difabilities of Government in tfag&L?ffia 
the King (as (6) ChUdrickc for a time,bcfore his dcpofition,was governed and over, p 4 ^ ff 
ruled in all things by the Marshall of the Palace) or clfc Crown the next Heir King* 6 Aventim I. •. 
if he be capable to Govern. Yen, in the time of our Saxon Kings 9 when the right f- z 9h * r fi &. 
Heir was an Infant, unable to govern, the Crown ufually defcended to the next Heir l * '" 1 1; K - 7l ' d * 
of full age: Hence * Wibba King of MercU defeating, Pervitins fon being an In- * spadsHi/lp* 
Fant, the Crown defcended to his Nz-phew Crorl of full age, after whofe death VencL t $* -u. 261*. 
being of ripe age inherited the Kingdom. So King Vfulfchcr decealing, Laving his 5^4, %6% Sec 
fon Kenned within age, his Brother Et hefre d fucceeded him; whoreiigning his hi( f* { 
Crown and turning Mouke after he had Reigned 30. yeers , Kenrrdthcn of full ige ^Jgjj HtSa- 
enpyed theCrown. So EthelfiedKing or Northumberland c\y\n2,Ed /:?.://his Bro- n r j J{ ' uv 
ther entr.dthc Government and Reigned, Aldnlfe^ Ithdherds Ion , being then a and others, 
minor, who enjoyed not the Crown itill after Edilwalds death'. So * Cajfe&clan , ,^ 
fucceed.d A"..' his Brother in the Kingdom of Brit .in , Luis fons being too young M§ 1U / , Cml m 
and inibrri. itnt to Reign 1 The like was very ufuall in Scotl.nd , of which there are Grafim?-*?* 
divers preildents in Gr.iftor^ bletlor Boetius, and Buchanan, which I pretermit. All Grafml r 
which pai.ticul:irs laid together, -re a raoft clear unanfwera- le den: e)i>lhation , that Iwu * 

the Soveraigu-.ft power and Jurifdiclion of all others, refides in the 1 whole King- 
dom and Parliament, not in the King himfelf, fmcethey may thus difpole of the 
very Crown it fclf, and are the fole and onely fupream judges to determine all con- 
trov erfies, all titles which concern it • The King alone having no power to tranf- 
fe it to any oiher without tlie Lords and Commons free cenftnts , as was rcfolVcq 

L ili 



loz That the Tarliam ent Mi JQngdom 



in the cafe of King John, who refigned and granted his Crown to the Pope, without 
the Kingdoms conlent • and therefore the resignation and grant were adjudged void 
V&kttb Vara, not onc ty by the * French King and his Lords, but by our own Parliament , as you 
j>. 17°. may read in 40. £af. 3. iY//.8. and in DocTor Crakenxhsrpe, Of the Popes temporali 

Monarchy, Cap. i./>.*5 1. ^255. I (hall conclude this point with the words of 
* 4© £.3,117.8. this memorable Record ; * The Prelate s 9 Dv!^s, Counts, and Barons , being in the 
yphite Chamber , and the Commons in the fainted Chamber ', it was jheWedunto them by 
the. Chancellour, how they hadunderftoodthe caufe of the Summons of Parliament in ge+ 
nerall ; but the will of the King was , that the caufes jhould be jheWedunto them in fpe- 
ciall 9 telling them hoW the King had under flood that the Pope by vertue of a Deed, Which 
hefaid that King John had made to the Pope to do him homaqe for the Kingdom of Eng- 
land and the land of Ireland , and that by reafon of the faid homage that h ought to pay 
him every jeer perpetually one thoufand Afarkj ; and that he purpofcth to make out 
Procejfe againft the King and his Realm, for the faid Service and Rent, concerning yyhich 
the King prayed the advice and counfell of the Prelates, Duh^s, Earl s, and Barons ; 
and What he jhould do in cafe the Pope would proceed againft him for this caufe % or 
againft the faid Realm : <dnd the Prelates prayed the King that they might thereupon 
advife alone by themfelves , and return their anfwer the next morning : Which Prelates 
by themfelves the next morning, and after the faid Duk^s-y Earls ,Barons -,and frr -eat men, 
tnftiered and faid; That the faid Kino; John, NOR NO O T H E R, M I G H T 
PUT HIMSELF, NOR HIS REALM, NOR HIS PEOPLE 
IN SUCH SUBJECTION, WITHOUT THE ASSENT 
AND ACCORD OF THEM: And the Commons being advifed and 
fonfulttd with thereupon > anfwered in the fame manner* Whereupon it Was ordained and 
ajfented BY COMMON CONSENT w manner following ; In this pre- 
fent P arliament held at Weliminfter , the MmieLiy next after the Invention of holy 
Crojfe, in the yeer of the reign of King Edward, the Ap. as Well to maintain the cftates 
9 f holy Church , as the rights of his Realm and his CroWn , it hath beenjhsWed amoncrsi 
ether things ■; hoW it hath been reported and faid , that the Pope by vertue of a Deed 
which he faid that the faid John , late Kinq; of England , had made to the: pope in 
perpetuity, to do him homaerefor the realm of England and land of Ireland , and by rea~ 
[on of the faid homage to render to him an Annuall rent , and hath purpefed to make 
Procejfe againft the King' for to recover the faid Services andrent ; The which thing bc~ 
ingjhewedto the Prelates, Dukes, Earls, Barons, and the Commons, to have tJjeir ad- 
vice and counfell thereupon, and to demand of them, what the King fljould do in cafe that 
the Pope fbauld proceed or attempt any thing againft him er his Realm for this caufe : 
Which Prelates, Dukes, Earles, Barons , and Commons having taken full deliberation 
thereupon, anfwered and faid 9 OF ONE ACCORD; That the faid King 
John, NO>R NO OTHER MIGHT PUT THEMSELVES, 
NOR HIS REALM NOR HIS PEOPLE IN SUCH 
SUBJECTION WITHOUT THEIR ASSENT. Andasitap- 
pears by many evidence, that if it Were done, it was done WITHOUT THEIR 
ASSENT, AND AGATNST HIS OATH IN HIS CO- 
RON A T I ON. And -moreover that the Dukes* Earh 9 Barons , great men , and 
Commons accorded and granted , That in cafe the Pope would endeavour or attempt any 
thing by Procejfe or any other aft) to conftram tbf King or hi* Subjefts lo perform what is 

faid 



are the So^veraign Tower. 



JO* 



be wiH i (aim w this behalf ; That T H E V W ILL RESIST AND 
OPPOSE HIM WJTH ALL THEIR MIGHT. And before 
this in the great * CounceU of Lyons , the Proxies ami Procurator of the Church *M*pto*Wt% 
\xArealmof England, in the name of the,whple Realm', cdmpbined andprotdled J£*f$$l 

a^ainft this grant of King 7;A» as a mcer Nullity , BECAUSE IT WAS rpodkp 60 
MADE WITHOUT THE CONSENT OF THE REALM M*ttauF*u\ 
AND LORDS, Which neither did, do, nor ever after Would confent thereto , as I p &&• Hcfc 

clfewhere proved : This being the common received opinion of all Civilians t** %% M* 
and StatiltS , Tfut«0 Khtgor Empcronr can alien , cr engage *# or any part of his 
Kino-lorn toanotlxr without his SubjeBs generall confent s , and that f/ch an alienation 
ur Mortage * meerfj void in Law to all intent /, as Albert.Gent.Dejure Belli, L^.r.iS- 
and Hugo Grotiue proves at large, Dt jure Belli & Pacts X~> c - °". 7- & llb.X. cap. 4. 
feet, to" where he arfirms, That a King who aliens and would atluallj deliver up 
poffejjion of all or any part of his Re Am to another forraign power without the peoples 
confent s % may (artfully be r rfi 'fled With force of Arms by ht* Subjetls ; concluding with 
this Sentence out of* Seneca 9 v/ith which I (hall clofe up this Dilcourie ; Etfiparex- *ctmtr.Lu< 

mtibm Patri (natural! or politicall) IN E O N O N PARENDU M com. p. 
QUO I :■. 1 1 IC1TUR NE PATER SIT. 

Tlifc point I have thus copicufly debated , not out of any the lead intention to 
derogate from his Majcfties juft Supremacie and Prerogatives froy all, which I have oft 
folcmtdy froorn to maintain to the utmojl of my power, and fnall ( God willing ) per- 
form ; but out of a ferious defireto recTifie the generall miftakes of men , touching 
a pretended Prerogative, which their fantafies onely ( not the Law ) have undudy 
attributed unto Kings : and to vindicate the juft Liberties, Privilcdges , and Prero- 
gatives of Parliaments ( fo much decryed , declaimed againft of late by a com- 
pany of ignorant Papifts, Malignants, Royalifts, who know not what the jurif- 
diction of Parliaments is ) according to the 'Protcflation , the clearing of which 
points ( in my weak apprehension ) istheonely high and ready way to compofe 
our prefent differences , to fettle all our diftractions , which the ignorance, the mi- 
ftakes of the Kings and Parliaments juft Prerogatives and Powers, (next to the 
treacherous malice of Papifts ) have principally raifed among us, alnioft to the 
ruue of the Kingdom. Vor my part , I prorcSe fincerely , I lo\ e and honour both 
King and Pai liament alike, and in the controvcrfies now between them concerning 
their junfdiclions, (land as a man indifferent to do right to both, without prejudice 
to either; and the King being the Principall Member of the Parliament, the de- 
. vating of its now difda'ined Power to its due altitude, can be no depreffibh, but ad- 
vancement of the Kings Prerogative , which fhines mod perfpicuoufiy in Parlia- 
ments, whiles King and Parliament are united, and is moil eclipfcd onely when 
they are divided, as the precedents in all age6 mariiflft. And this I dare confident- 
ly averre. That there arc no inch enemies to the Kings Prerogative, a& thofe who ad- 
' t vancingit beyond due bounds, do neeeflanly draw i: into dilpute,in which it com- 
monly comes off with lofle and diminution in the tnd, as in the late caftS of Lsancs, 
Ship-money, ancrtnelike. It was a notable true Speech of pur King * Henry the % Httirfied p. 
8. in the 34. yeerof his reign in the cafe of one George Ferrers, a member: of the J^ 4 / C S^5" 
' Commons houfe, arretted contrary to their Priviledge , of which the King being in- fCc2u«fti* 
formed, ufe\i thefe words among other to the Sfpealgr* iixL Houfe cl Common?, 

Li We 



104 1 bat the Parliament and l\ingdom 



ObjrfL j 



W. ate informed hy oy.T Judges, Th&t tpc at no time ft arid fo highly in our cftats Royeitt 9 
as \n the tibx of F 'arU.'.ment ; wherein nv as Head, and y on as Members, are knit toge- 
ther into cne Body folific\\'fo tUwbatfoiver offence and injury (during that time} 
is offircd to themeancp: of the Houfc, is to bejud/ed, as done again ft Our Pcrfon y and the 
"frhde Court of V aril. mint ; Whir b Prerogative of the Court is fo great, as all AH s and 
Pr'dcejfes coming out of Injeriduf Court ', muftfo'r the time ceafc, and give place to the 
highefi ; which being fo, My Vindication of the Parliaments Soveraign Power and 
(f ) i Eli?, e.i. Right, can be no impeachm-nt, nor diminution of the Kings .jail Authority, though 
(g)Lib. i.e. 2. many Sycophants and Malignants falfly repute it fc>. 

/.5,6./.3. c $. ] r any here o rje-ft agai nil the premifts, (/*) Thztthe King is th? only Supreme 
(h)°L* c Gozemzur c r ' ihU Realm , That (g) Bracron, (h) EUta, ardour (i) Ltw B?ok* 

(iti Ed. iVio" r tfolvc : That the King heth no Veer in His King lom, forfo Be fbouldtofe His Em- 
Cmmt i6i.i2. fire, fir.ee Peers (or Eejuals) have no command ever one another ; much more then ought 
E.3. 3. 6 pjfff, H e n0l to have a Su^erlmr^ or mightier, forfo tie fioeildbe inferiour to thofe w!sb are 
197. a. Stamp, fcy: e ft t0 fTt m ; andinferiours cannet be equaftto Setperiours. The King ought not to 
?/?22Ea zb k v n ?- er raan. bdt under God and the Law. If then J.tfice be demand -d of Hlmly 
0) BrccbaLz'.^^y °f Petition* \bec%ufc no JVrit runs again fc Him (Jhourh (Jef) anciently fome Writs 
Anfiv. did) if He do not jufiicc, thk fkmjhhierit in ay befujpeient to Him, that He m.iy expect 

e.iS.f.i 34. a. God will revenue it. Nemo quidem cfe faclis fuis prxfumat difputare, multo fortius 
Ftetal.i.c.iy. centra fofluiiviuurn venire, &c. Therefore the Kino- if.afove the Parliament , and 

wcsmrttofotiM * an ^v"er, PirnS, That the meaning of all thefe Books is/ That the King is above 
f%#i*m t *ii- every one of HisSu ^evfte, and. hath no Pernor Superiour, if they betaken parti- 
xlme in yifbtia cularly anddift.ibutively, as angle men • as the words Parem, Superior em y in ths 
txtubemk, ika finguhr number , and the like, explain the meaning of the Books to be. But if we 
t* IriliMt/e ta ^ e t ^ iem ^He&Vely m Parliament, as they are one body and reprefent the whole 
r f ffn l fo^^. Kingdom ; then thefe very Anthers refolve (in their foaquct:d words) Tnat they 
re-*,-, U;^ t t»(iy arc above the Kin?, and may, yea, ought torcflra.in a?td quefiionhis aft ions y hes 
s 167. a. Xtal - Admin: 'jtr.-.tiene r if there beyaf: canfc* 

(5) See Bodm Secondiv, *Brd&i>n e>:phinshimfelf 3 how He is rushed ancf Without a Peer, to 
lT??T?^ wit ^ h: t^l tipftvrih Iu ft l ' r > ^ IS, He u the higheji Justiciar in the Kingdom, 
Ac likcpf the but as lo\\' as any in reccivrag lufticc* 

Parliaments in Thhdly, Even in Parliament it felf, the King is the Supreme Member, and in 
? 't*ic\ that regard' the Parliament in mod publike Afts, in all their Petitions or AddreiTcs, 

W^See -^ ufuall Ttiks him, (n) Their Soveraign Lord: 'BcficUs, The Parliament it felf is ever 
mentam Canb CO T***fo°nkfy diffoivedby hts Writ, in his name, by his Authority : And in palling all 
'Brit, f eg \ 7 ' 7 . Acls and Bills of Grace, orfuchasare notfimply neceffary ? for the publike fafety 
prompt. >;;>if.efxi\d utility of his pecpie, He hath an abfolute negative vojce a and his Roy all afrnt t* 




fcfL^ Parliament really is, and may be judly averred to be Paramcmthiw > and the Su- 
flind c.% tovti prcm'ft Soveraign Power, though not Cover no nr* 

y i*ffi' Tu : Four t hlr, The Oath of Supremacy , That the King is the only Supreme Gover* 
min^/r^f four* relates onlv,and at l^ft principally to the Popes forraign Princes Authorities^ 
fing BUs^i formaiy uiurped in this flealm^ as the Tnle 5 v\ prds 3 Icope of the Statute or 1 EIiz.* 



are the SoVeniin To'toer. 105 



1. and the rety next words m the Oath it 6U m\ lenyably imnifcfl, ( And 

1 NO i ORRAK/N P§\ , Preidfr, State or Potentate h,th w 

9U r c A»y Jh *, f<to#i H'M.IUORfTY, P 11 E H E M I. 

NCE, « Authority, I .-.til or S 'fir ima& mthin thU Retdm 1 and there* 

I do Htti i *nce andfrr *\e A L L I O RR A JGN Jurifdi'clio >/, &cj 

TWefore it refers not at all to Parliaments or their JujifiKftion, Power, Superior 
rif 1 inence, or Authority ; notfomuch as once thought ef bvriipedfcri* 

hers of this Oath, which* had its crttribi] and Authority from the Parliament, ani 
made fomt addition to the Kings Prerogative. 

Fifthly, (p) BotbnTjith others ftjs l (lull hereafter manif.fl) afliire its, That ( ) emmw. 
the Srvcmipt /M\w, and lurifdiftion both in the Ronton and German Empires^ and in l - *»* Jrtw.fg 
moft forr.\i<rn Cbrrftian Kingdoms, was , and y, t is, in the Senate People, Parliaments, 
,D yets ; wi f his tf no tnipeachmenft 4t all to their royall Supremacies, or Tit Us of 
Supreme Heads, and Governours, Within their own Dominions, no more then the ajfer- 
ttne of generaltCouncells to be above Popes themfehes, by the leamedft Papifts, is any 
derogation fas they hold it is not now) to the Popes mod: abfolute pretended Sov - 

ttj (<j) above ail limp rours, Kings, Princes , Prelates, Subjects, and the World it ('/j Sec />.*.£ 
fijf, tfvrk'u '■■•mhirn fole Monarch : Therefore by the felf-ia me reafon, this 

1 averting of the whole Kingdoms, and Parliaments power to be above the King?* 

; o diminution at all, much lelle a denyall of his Supremacy, and jpSt Prerogative 
Roy .ill. 

If' then tlu Parliaments Power be thus higher and greater then the Kings Perfc- 
nall Power and Juriidiclion out of Parliament, it will neccflarily follow' from 
hence : 

£i:(r, That in thefe unhappy tfifics of divifion and reparation of the "Kings *?er- 
fonall prefnee (not Icgall which cannot be fevered) irom the Parliament : The 
Lord* a. id Commons Order5, Votes, ••Ordinances, made legally in Parliament it 
i'df, are to be prefene ■, obeyed by all the Kingdom, before any His Majefties Pre- 
(lunations, Declarations., Commitlior.s, Warrants, or .Mandate*, made illegally out 
of Parliament in aft", orit of both Houfes proceedings and Decrees, iince when ever 
twodiftincT powers command diftercnt thing - , that are lawfull, or of the fame 
nature, the higher Tower ought Hill to be obeyed; As if a Mafter commands his 
ig, and the sXing an-th:r ; or the Kino- one thin*, GoA ] a.n.ther ; the 
'Kin* ff to be obeyed before the Afaflcr, becaufe the Super tour PoWcr • but Cod before 

King. htatifc'ihe%tvht(t Pove.r, as the (r) Fathers and Car.onifts refolve mod fr) Sec Gratia* 
fully : And * Doctor Feme with other afferters of the Kings Prerogative, not only «''./« "• T<> p 
erant, fc u: prove ; And therefore prefle an abfolute Obedience to alf the Kinqs com- w ~! !,„<,„/» 
tnands againlt the Parliament, onthiS tdie ground; Becauie the King (Gythey) Hkr.&ifmtf. 
isthe hig!uft Soveraign Power, and above the Parliament itfelf: The contrary to this purpofc. 
nvhercunto being now made evident to all men; The Argument fa^is fatally 011* Refolding o^ : 




theretOj, and tobe ruled and adviftd thereby. This conclu'.ion (though it may fecm and otkc^. 
a Paradox tomcftixien) is an undubirable vtnty both in point cf Divinity and 
P otic j, as'is-mcft apparent, by th; 1 §amhr^ 58.ro 46. and c:i%ii to 11. 2 iVw.18, 

^3 3 a3;^ 



106 That the Parliament and Kingdom 



2,3,4.^.19.1. to 9 I ^.12.1^025.25^.20.7,8,9. 1 C/;r.I5.l.to6. 2 Chr.io. &n 
^30.2,3,5,23.^32 3. E/?/u.i?..to2 2. r.9. 23^0 23. jk;^. 3 8. 4. to 28. £> ^.6.4. to 20 
ffonah^q. Ezraio. 3.8. Ecclef.q.i$. Prov.n. 14. r.15.22. r.25.5. compared to- 
gether, and with fcfi.22. 11. to 54. 'fudg.io'.i: to 20. (where we Hnde the Princes, 
and peopl? alftaycs overruling their Kings, who fubmitted their judgement wholly t* 
them, not the Kings overruling their Princes and people ; ) who as Tofephits records, 
yi/Jtiqu- Jttd&orum, A4. f. 1 8. Ouvht to do nothing befides, againfl, or Without the fen- 
tence of the Senate, or Congregation ; Whence King Zcdcckiahfaidunto'hi* Princes, 
Jere.3 8. 4 5. The King is not he that can do any thing againfl you ; And in point of 
La\X> and Confidence, even in our own Kings and Kingdom, as is clear by 20 E. 3. 
the 'Preface, andr. 1.25 £.3. Parliament 6. the Statute againfl: Provifors, 38 £.3. 
Stat. 2. r.1,2,3. 3 JR.i. c.17. and 48, with other Statutes which I (li all hereafter cite- 
at large, in anfwer to the fourth Objection, concerning the Kings negative voice ; 
which Texts and Statutes thofe who will, mayperufeat leifure for txheir better 
fatisfaction. And in Pauls .time, the higheft Powers in Rome, werenot the Romz* 
Emperours, as ignorant Doctors make the unlearned world oeleeve, but the Roman 
Senate, who had full power, not only to elect and command, but cenfure, and de- 
* cvnmamtalth pofe their Emperours, and adjudge then; unto death, as * John Bodin acknow- 
/. z.c.f> ledgeth, and I fhall hereafter abundantly maniftft in the Appendix. 

Secondly, That the Parliaments refilling of the Kings perfonall Command? * 
(especially llich as areillegall and deftructive to the Kingdom) or any private Sub- 
jects refitting them by vertue of a publike Ordinance or Countermand from the 
Parliament,, is no refilling of the higher Power, againfl: Pauls injunction, Rom.t^.u 
(f) Refolution to 7. as ( f ) Doctor Feme, and other illiterated Doctors vainly fancy, but a direct 
of Conference, fabmiffion and obedience to the higheft Powers (the Parliament ; ) and thofe who 
/^ T »* ^* refift the Parliaments Ordinances and Commands ( efpecially (uch as tend to the 
cl"ion otPfolm prefervation of Religion, Laws, Liberties p Priviledges of Parliament, and the 
1 o?. if. Printed Kingdom, or bringing Delinquents to condign punifhment) though they do it by 
at Cambridge, .vertue of any extra judiciall countermand from the King or His ill Counfellors, do 
l **l % both in point of Law, Divinity, Confcience, refift the higher Powers, becaufe they 

refill: the Parliament (which is in truth, the higheft Power, as I have manifefted, 
not the King :) and fo (hall receive damnation to themfelves for it, either here, or here- 
after, if they repent not ; which I ferioufly defire all thofe Delinquents, Papifts, 
Malignants, ill Counfellors, and Cavaliers, toconfid:r, who contrary to feverall 
Orders, and Declaration •, of Parliament, yea contrary to the Law of God, of Na- 
ture, of the Realm, have like unnaturall Vipers, taken up offensive Arms againft 
the Parliament and Kingdom, to mine them, Religion, Laws, and Liberties 
at once. , 

Thirdly, Hence it follows, That the R efo lut ions and Declarations of the Lords 
and Commons in Parliament,the fupremeft Court, againft the Commijfion of Arrafo 
Armina of Papifts, ralfing of Forces, impofing Taxes to maintain Wavre againft the 
Parliament, Plundering, and the like, ought to be obeyed, and fubmitted to, as law- 
full and binding,, both uy the King Himfdf, the Kingdom, and every private Subject 
whatlbever ; and that the Kings extrajudiciall and illegal! Declarations out of 
Parliament in direct oppofition and contradiction to thele Rvfolutions and Votes 
cf both Houfes in Parliament, ought not to be obeyed, the King himfelf as our Law 

Books 



I 



ate tie SoVeuivn Toiler. !< 7 



Books rtfolvc, Btingno (/) competent Judge (tfpecially out of his Courts) what \ (9 •**.«•.•$>« 
y.,r, *r W/wi wo/ in r'/VV C4/1 s Am the /'...', II m nt only. Which extrajudl v ]* H *f " £ 

t nf c< ntrclling, affronting the Refblutions and Declarations of both Houfes, i^,^jj£ " 
ty 01 pofite Proclamations, and Declarationa publifhed hilns Majefticsname; is famturci on 
filth a tranfeendent violation of, and contempt againft the known priviledges, the M§& dwaj. 
d venerable Authority, and rower of Parliament?, as (1 am confident) no age ,0 3; M Lrf - 1* 
ran Paralell ; and if not feverely vindicated iplaxy punillnnents of the Fu1 - lt 

higfuft nature, upon thofc ill Councilors, and corrupt lawyers, who contrive 
and pen them, will bring this higheft t ^reatefi and mjj} honourable Court (rMkrein 
the (//) whole Kingdom, and every Mtmber of it arc refrefentei) into greater con- (Vj^iH.ar.r. 
tempt and Lefletftiination with all men, (whether Natives or Foiraigners) then the » Mj.ci.Di A 
bafeft Court of Pipouders is. No King nor Subjeft ever yet attempted fuch affronts SiuJcm, **■*• 
againft the Rcfolutiens of any Judges in infer iour Courts ; Let no perfon whatfe- 
cver trun pre fume by pen or tongue, any longer to arraign or traduce the Rcfoluti- 
ons and Ordinances of this highefl Tribunal!, If Kings or Councilors of State, 
will in ft nidi or excite the Subjects, peremptorily to difobcy andcontemnethc 
Ordinances, the Judgements of the Parliament, let them never expecT the lead 
obedience or ilibmiirion to any of their own commands, which are of lefler credit 
and Authority ; which ail former Ages have moft reverenced and fubmitted to. 

fourthly, That the Parliament and whole Kingdom, being the night ft Power, 
or any Member of the Parliament, cannot i y any publike AcTs or Vote-sof theirs 
confentedto in Parliament, become Trajtors, or guilty of high Treafon, againft 
the King, either by the Common Law 8 or the Statute of 25 Edir.f. chap.2. of 'Irc.~ 
Jor.s, which running in the lingular number 5 If A MAN, &c. (That is, any 
private man or men, by their own private authority}* fhaU levy warrtarainfi tda 
Kir.g^&c it ought to fe judged high Treafin ; extends not to the whole Kingdom, 
or Court of Parliament reprefenting it, ( of which no treafon was ever \ et pre- 
fumed,) the rather, becaufe the Parliament by this v«y acT is made the Inige of aH 
Trca(o;.s thai arc cUnftfuff, and was never yet included within the words or mean- 
ing of any Law concerning Treafon , and therefore cannot be guilty of it. Hence 
thedepwiitionsof (i) Arc higallo and Emcr'i an, two ancient Britijh Kings, by the 
unanimous ajfent of the Lords and Commons, for their rapines, oppreffions,andTyrannj, (a) Grsfpnt 6> 
with other forenamed Saxon Kings ; and of Edfrard the fecond, Richard the t- 6l > 6 l< G*L 
fecond, Henry the fixth, Edward th^ fourth, by Acts of Parliament; the creating ffife. *i2E£ 
of Richardthc third, King ; with the frequent tranflations of the Crown from the a „d othfrT *' 
right Heir at Common Law, to others who had no good Title, by the whole (b)Tm.%t$io. 




folutions in fuch cafes, being only Tortious and Erroneous, reverfible by other AcTs *$ £.3 c. z . < 
in Parliament, not Tray terom and Rebellion*, as appears by all the fcrequoted Sta- ^W, Broke, 
bites 5 a lxi by \7, ElU.cha. i. which makes it high Treafon for any perfon to affirm, ^£ Crom;t. 
i That the t Qucen by Authority of the Parliament of hneland, is net able to make LaWs y lt j™ J m , zlT 
and Statutes of fuffcicnt force to alter, limit, and binde the Crown of tins Realm, and Ch.ipr^rs ci 
the Defcent, Limitation, lalhritancc, and Goucrmmnt thereof, and any mans Title, or Treaty* 
right thereto, And. 



iog That the Parliament and Kjmdom 



(c) v/s\finghm Anti for direct: Authorities in this very point, (r) Robert Trify Han and Belknap 
Hot^Grafsto (then chief Jufticcs) Holt, Fulthorp 9 and Burgh, Judged Lofton Kings Sergeanr 2 
Sffln and *** the Kill & 3 c °u n ^U tfl the Parliament of « &V£ 2. tr ere condemned, 
tri £♦ 2. efrii executed, andbaniftedthe Realm, as guilty of high Ircafon, only for affirming under 
£.i.f.j,4. ii their Hands and Seals. (/) That the Duke of Gioc^cr: , the Earls of Arundel and 
R.t. c.u. Warwick were ; and that other Lords and Commons might be guilty of high Treafon, 
yj) bee tne p .- r p rQCUr i m i% Commiffion, and other proceedings Voted in Parliament* and be punifhed 
titulars more J K cr B xxA • t_ • - V t • 'V • c 1 jp tr r • 

at larae in 2 1 f or u M * ray tors. Which opinion or theirs, being afterwards affirmed yor Law, tn 

K z c.u.Graf* packed Parliament, 21 RUh.i* was the very next Parliament in 1 Her.q.r. 2^3^ 

ten,p.$ (*3 W repealed, and the judge most given againft thofe Judges for this Trayterous opinion 

John Tfupds, pending to the utter fubveriion of Parliaments ) refolvcd x and enacted to be juft* 

wa^lhm'™&™ s (£) J^&OO Bci'&ap icrefaw, and therefore was unwilling to put his Seal 

Hrtinfbcd'in 10. to this opinion, faying ; There wanted but a hurdle y a horfc, and halter, to carry him 

& 1 1 JR.* where he might fuffer the death HE HAD 33 E S E R V E D : For if 1 hadnvt 

(g) See 1 H. 4. done this, 1 fbouldhave dyed for it , and becanfc 1 have done it , I DESERVE 

c 3. and here DEATH far betraying the Lords. Which makes me wonder at apaf&ge in 

%)srud p<ta 7 (0 Sp ee d (vshorQC ordsitjnow frequent in Malignants mouthes. That thi very 

Q) HM. p. 61%. fi°P Where the Barons origina/1 Treafon s were forged, was THE PARLIA-, 

MEN T-H O U S Ei , therein from time to time they forced on the Kin^ (Edward 

the fecondj prefumptuons ^ TREASONOUS ORDINATIONS, 

not otilj to reform the Kings Houfe and Conn-fell 9 and toylace, and diff lace a.& great 

Officers at their pleafure ; but even claimed a joy at inter efi in the Regiment of the King* 

dom, together With the King, Which William Inge (a fudge of the Common Z*w) 

With ether like fticklers, trayteroufly per f Headed them, was according to Law : Which 

groiTe (lander of the Parliament Houfc\ would have been capital! at lead in former 

ages, and may now indanger the necks of thofe who fpeak or write the fame of 

the prefent Parliament. Never did any of our Kings, charge any Parliament with 

high Treafon hitherto ; much lcfTe indict or wage warre againft their Parliaments, 

as Tray tors, though they have qucftioned and depofed Kings for offences againftymd 

being Enemies or Traytcrs to the Kingdom : Let none then dare arfirm, That the 

Houfes of Parliament are, crcan be Traytcrs now* for providing for their own, 

and the Kingdoms fafety, by a neceflary defensive Warre, which I (hall in the third 

part fully clear to be neither Treafon, nor Rebellion againft the King in point of 

Law or Conference, either in the Houfes of Parliament, or any that bear Arms by 

their command. 

Fifthly, That to confpire ©r levy warre againft the Parliament, or Kingdom, 
fatib.i+.feEl todiiTolve, ordeftroyit, or the Members of it, isnokfle then High Treafon ; as 
1 12 st**f.l.t hath been folemnly adjudged in Parliament, 15 E. 2. in the Act entitled, Exiluim 
t i.f.i. b. and Hugonis le de Spenfer, in i E.g. the Preface^ and cap.i. in 11 Rich. 2. c. 2^3,4. and 
1ST' JU " in the Parliament Roll > Panted by Order of both Houfes, August 27. 1*542. And 
/Olnaic'. 7 /^.^ 01 ' 6 both thefe, in (k^) Clanvil, who declares it to be Treafon, even at the 
Tit 8. Common La W,Si quis machinatus fuerit vcl alicjuidfecerit in SEDITIONEM 

(m)Tit.$. REGNI : Agreeable to (/) Vipian y and the (m) Saxon LaVrs, which inform 
yi)CiccioOrat. us f Treafon s againft the Common-wealth and Kingdem, (the cafe of (») Cat din* 
MLfe -M I an °* ^ others) as W'eli as againft the King; and to the Statute of 13 Eliz.ci. 
23 feci, 17!' * which makes it High Treafon for any per/on tojHrre up any Foiraigasrs §r ft rangers 

with 



are the So<vcraizn TcTter. 



J(Ic t i ^ ; ; And if ic be no Ic fle then high 7 1 

er or any of the J*dger f or Inflict* 
I Terminer, being in tbeirflacti doing their Opes (though 
by the Kings command; as is clear by 25 E. j.« •. 2. and all our / 

hm ;rcn 11ft ic be high Treafonagainft the King and Kingdom, to wane 
ibehigh ft Court of Parliament, or flay any Member of ir, fordoing their Offices 
|nc j t , ift Commands. Ir bare«ikG«unceilii 

hath (o frequently been adjudged high In irift 

.irli.imcnts^ as appears by the fortci'ted Hiftor if 
tyenferf, Alexander Nevill, J>e la Polo, Tryfitiau,9nd others ; th.n 
■whit is it tomhcouucell , andaflift him to make an offeofiv* War api .ft his Par- 
liament Kin gaVm, r^ple, for to ruin^ ^^ mult be high Treason 
ft KingandReahn in the fupcrlative degree. If the Parliament a.-.d Kingdom 
ed , or iheir hearts blood fhed", their vital! fpiritsLt ou: by an ounaturall 
War againft them; the King hirafelf (atlcaft in his royal! Capacity 2s King) and 
hisroyaUpofterirytco, muft neceffirily be unkinged, and overwhelmed in their 
is.; but if the Ki gdomftand and (ijuriih (for whole Pease and fafety Kings 
thv.mf.ives ought n >t onely to lay down %b*ir Crowns^ but * lives , as Cbr'ift^ the * Ring * John to. toj 
-/ Ki . refolved, and the HtgbPriefi. $00^) thoughthe King flioulddicor pe- "'^'f '** 
rifli f as jtf * A.":/.' ; r« and will be mortill) yet their pofterity m 7 enjoy the J^ c v ' _ 
Crowo,and reign in honour, in prosperity alter their death, which they cannor do ft 19.16. 
if theK?ngdom perifh. Therefore all thole MalignantS, PapifiSj Delinquents , and *l '^^' 
others, who have molt unnaturally taken up arms agaiuft the Parliament Hid K 
dom to diilblve and ruine them , though by the Kings own illegal! Commmilfion or 
Command, are not onely Arch-traytorsto the Parliament and Realm alone, but 
m& to the King himfell and h:s Pofterity roo , in the very judgement of Law ; 
vvhofe blood is died, whofe Crown and Royalty fujverted, ruined, in the bl< Kjdilu d, 
ruin. r cion of his Parliament Kingdom, people. As it is in theuatu: A\ , f> 
likewise in the politick Body ; a mortal! wound in any pa body, kills bo r h 
body and head ; the body natural! or politlckc cannot die or mifcarry > but the I 
muft do fo like wife 5 therefore this War againft the Parliament and Kingdom . muft 
in point of Law and Conscience too, be aWaragainft the King hh; chiet po- 
litick he id and member of them both, from which be cannot legally be ieve.d, and 
high Treafon atleaft againft them both, as the Parliament, the lole Judge oiTreaforis 
bath refolved long fince in their * Declaration of Auguft 18. 1642. in th fepofittve * *ncxa&ccft 
words 5 The Lords and Commons do declare , That allfiscbpcrfr. ^ c ?* 
tare* tvb ttfiever 9 .1 fifl bit A£ijefly in t>. U n\ir 9 r/itb Horfc,Arms, r Ute i or Mmey^ A R l 
TRAYTORS TO H IS M A JESTIE, TH E PA ft i WENT 
AND THE KINGDOM, and JbaUM ,j-r,r ,; 2| 
. : which they have iince founded in fundry other Declarations and /.,-,- I in his 
pichmcnts. 

In brief j the Gunpowder plot in 3. JaM tob'cwnp the Parliament B 
was then adjudged, rei jived by the Parliament, * JCwrg-ai \ ;?, to be high Ti ca* t0 ^ Si 7 j- 

againft the iO'^, but Parliament and Kingdom too : and ro blow up, or 

:; 3 is queftionlei . 
:om. Yea, i 

c < 7 



1 10 That the farliamtnt And Kingdom 

c. 7. declares thofe 5 who frail claim the Crown even of right 5 in any other manner 
then is limited by venue and authority of that A& , after the Kings death ; with all their 
Counfcllors and abettors 3 to be deemed and adjudged HI GH TRAITOURS 
TO THE RE A LM , f not the King) and Jucb their offence to be refund 
Hi G H T R E A S O N ; an J they for it, xofufftrfucb faint of death and forfeiture 
of Lands and Goods^ as in any cafes of high Treafen is ttjed^ onely becaufe it might in com * 
won probability ingender a Civil war and Uiffentioxs in the Kingdom , to the defer uclion of 
tbeptofk and their pofter it ies ; much more then muft it be high Treafbn againft the 
Realm ; and thofe High Trait ours who now adually wage War againft the Parliaments 
^the Kingdom , and deftroy the Subje&s and their eftates in divers places, which 

* ftr.ri f zU. they hive burned, fackedj ruined. I read in * Fibim , thac Eguiran y chief Conn- 

cellour to Philip the third of France 5 was judged to death , and hanged on the Gibbet at 
Paris, fori re ifon againft King Philip and the R E A L M O F FRANC E, as our 
Powder Traitors were executed for highTreafon againft the King and Realm of Eng- 
land oi late^ndGaveJlcnwkhthQSpenfers heretofore,, 

BycheStar.of 1E.3.CI. 5X2.C.6. 11.R.2.C.1.3. 17 .R.i.c&ii.R 2.c. 2.4.20, 
.3. H. 5. Stat. 2. c. 6, & i. Mari& c. 6. certain offences are declared, and 
mad j bigfa Treajon , and the committers of themj Traitours and enemies , not one- 
ly , to J and againft the King, but likewife, TO, AND AGAINST THE 
REA L M : and in particular • the illegal! indie? ing of feme Lords t) deftroy them* m 
guilty of highTreafon 3 for procuring a CommiJJion in Parliament fuppo fed prejudicial! to 
the King and his Crown^ in 10 R. 2, c.i. and the oppofing and annulling; of that Com- 
mifjam^ and of feme Prcctffe^ Judgement s^ Executions ^madst given 3 and affirmed in feme 
oftbefe Parliaments, raifing forces 3 and leavyhg war againft the Parliament , and Mem- 
■ * c t -_ , bm of it to deftroy tbcmjvere then * adjudged high Treafbn both againft the King and. TH E 

HAinfj. Fotoor, R E A L M (though done by the Kings exprefe Commifftm and command: ) The reafbn is, 
GrjfioM, stow, becaufe the King himielf and the whole Realm in judgement of Law, * are ever Ugal- 
mIT i^'r' ^ P re f e?lt in wdwitb M Parliament when they fit f^s I have already proved) where eve* 
fcrii*. '" tk* Kings per fen is 5 and his royall legali will ( of which alone the Law takes notice ) 

* See here f, iseyer prefumed to concur with his -greate-ft Council the Parliament , againft wbofe 
as 1.2 is. jj PrivJledges,fafety 3 and protection he neither can nor ought by Law or ri^fct to at- 
tempt any thing; and if any per {ora\\ Commands or Commi (jhns o( ihe King, under bh 
great Seal, to do ought againft Magna Chart a 3 the Subj Ms liberty, fafety, property } the 
Parliaments Priviledge;^ the Common or Statute Laws of the Realm ( all whicP 3 *ogether 
with the Kings Coronation Cath 3 snd the Prologues of molt oli.Par4iaments exprefc 
}y prohibit xhtlevyingof war Jelling, wounding^murihering^imprifoningy difenberiting^ 
robbing, or plundering of the Suhje6b 5 without le trail triaU or convi&ion, as do the Sta- 
tutes of 2 R 2.c,j. 1 E.5X.6. 1 H.^cX". which prefcribe exemplary punifhments 
againft fuch Plunderers and Robbers : efpeciaily the Welchmeny) hTueout to any psrfon 
or periods whatfoever D eipsci3']y to raife forces or levie war againft the Parliament or 
Snb];6h, they are meerly void in Law 3 end wi'J rather aggravate then extenuate the guilt 
of thofe who obey or execute than : as is clearly refolved, not onely by 42. ^ff.p. ?• 1 2 e 
Srooie ComraifTions : 1 5. \6, Cooke 7.5. £ 50^i.l.7.f.l6^j.l.t.fi2$.to 129. but 
likewife expreftya udgedandenaftedby the Statutes of 15 -E.3.5/.1.C1.5.42 E3. 
rl^. 1 1 R.2.c t ijo6. 21 Jac.c.i. the Petition of Right 3 %Caroli. 28. E, 2. Artie. 

-3er.Cha:ta$c\2. ^E.^. ^4. 5^,3. c,2, z^E.^c^ia^ 34^3. c.2, and generally 

by 



are the Sovcraign Tcwtr. i 1 1 



by all Statutes concern! m', * Purveyors: by the memorable oM Scitute of 15 E.?. * , cc • 
Stat.i 5 If any Miniver of t< (it ion finer be hr t door Abridgment, 

come aiainft any point t t i Charter ,«• other Statuter+riht Ljwj of the L ui-Ll efi iH ife. 1 *tvt 
anfmr totbe Parliament ^ as well at the SllTK OF THE KING, as 2< 
»f the parcie, A S FAR FORTH W ! 1 E R E I T W AS DO 
BY COMMISSION OR COM M A N D \\ E N T OF T H E 
KING.j/"/ /"« •*» authority '■ And by that parallel good I a .v r corded by * Fabi m 1 
trnek in Parliament in the ri.it yeer ( i '\\iMg Henry the fourth ; That no Lord z nor other ^ m 7 W ' 
perfonof no degree ^fhould after tb it d ty la/ for bit exenfe (as lumc then did) any c mflrasat 
orcoalling of bis Prince in executing of any wrong judgement y or otlxr criminnts or ?e>lirr- 
fitll deeds, fafmg \ That fir feat iht) diifu not oti ■rnrifc do ; for fstcb excufe after tl is d ,y 

SHALL sfAND HIM IN NO STEAD. And in thi* Parliament, 

H ill was judged to I s drawn from the Tower of London unto Tibnrne 5 and there to be * Pabum . 




likevvife the Dukes of Afw.ro!, Surrey, Exeter , rvii b other Noble-men 5 r;ere deprived of 593- 
their Dukedoms , ofntofi of their L mds 3 C a files 3 Honours 3 for having a finger in this Dnfys 
fitffucation and death by 2w>7£ Ptichards infiigat ion and command , (and had loir, their 
heads too if the common people had been char Judges , who murmured againii King 
Henry for fpar'mg their hies ) 35 you may read in * iValfingham and Speed. * ffiff, p. 402 , 

if thefe then who murthercd but one good Peer of the Realm by the Kings fpeciaH com- 40 j. Speed />2 
mand, for his good fen ice done in former Parliaments , after an illegall judgement of high 76" . 
Treafon given againft him, were thus hanged, quartered , degraded as Traytors by a folemn 
Judgement in Parfiament j how fevere a cenfure may they expect , who without- and before 
any fuch conviclion or fentence , have taken up ofivnfivc Arms 1 er and deftroy the 

Parliament it fclfand chiefe Members of it as Traitors, and caufed them or any of them ille- 
gally to be proclaimed Traitors, the more colourably to againft them? All 
which I would advife His Majefties Captains, Cavalliers , and ill Counsellors to confider, 
The rather, becaufe all levying of War either againft the King ; or again!} the Kingdom and 

I Parliament, (now made a matter of high Treafon en both fides) mull and ought to be deter- 
mined and refolved,which of them is liigh Treafon and which not , and the pa: ties guilty of 
it, mult and ought to be tried, arraigned, judged, and condemned for i Far • 

-, and in and. by no other Conn tr Judges , as is punctually rcfolved b\ the feverall Stai 
of 11 £.2.^1.1.3.4. 21 R.z.c. z. 3. 4. 11. 20. 8H.4.C.10. and the very words of the Statute of 
2? £.3. c.z. of rrw/offj, efpecially being a new cafe, if then the Pailiament are, and mu! 
the onely judges of this queftion , Which of the two forties mvo in Arms are Ttakors ? and the 

inrt wherein a!t mu r t be tried en this point , they may eafily judge who are and muft be the 
Tiaitors in this cafe; and thofe who by the Kings meer perfonall command andprefencc 
[ whom they have treacherously withdrawn from his Parliament ) fight now both againft 
Parliament and King in his legal! and regall capachie , when the time of trial! comes , Will be 
found reall Traytors both to Kingand Kingdom (what ever their own fgnorance^temporizing 
Lawyers, or hopes of prevailingly now fnggeft unto them) as the Parliament hath already 
declared them in fund'-y Remonitranccs. In the Parliament of 1 5 E.z, the two Spenfcrs were 
by a * fpcciaU AH of Parliament a {judged YfpJtors, ' t e i> for * txliiu-n y, 1 

■Kifccun/cllifig this] Kjng , and advifing htm to riic with armed Troops efberfes and men into Glocefrcr- g m 'c I 
hire to ajfault the good people there , And n late wm withi lm, to the . 

ind people, contrary to the form of the great Charter, and brtg& of the peace 0+ the Real* : W hat fevere 

I ndgement then may thofe ill Counfellors and Cavalliers defeive, who have actually levied 
M j War, 



1 12 That t he parliament and Kingdom 



war , not oncly agai&ft the County of Gloccjier , ( which they have pitifully harrowed and " 
foYSeetheRe- Spoiled, contrary to all Law , jacking (p) Ciceflcr to its utter mine, and leading away the 
la -ion 'of the good people thence captives to Oxford in triumph, for the molt part barefooted, through dire 
A Cilefler end mire, in the cold Winter feafoti, chained together in ropes, more like to Tqrkifh Gaily- 
flavesthen Englifh Chriftian Subjects; oncly for this new kinde of fuppofed Treafon and 
Rebellion, the defence of their Liberties,lives,and goods, againft thceving Cavalliers, (which 
fi Pit* Comr* r ^ e >' ma y t ' e ^ en ^ by Ld > v » * m & i n fof ie &* kitting of all tkofewbojhatt violently aJfattU tb-m or their ' 
10 < ziV" koufesy to rob them of them ) denying them fo much as a draught of cold water to quench their 
; ' r .g 2 ^ x - ,q[ thirft by the way, and keeping off all who would give it to them , many of them being fines 
Stamford /.ir> #ead at Oxford of famine and more then barbarous ufage, but likewife againft molt Counties 
j 2, 1 3 . 2-1 H. an ^ many Towns of England , ( miferably waited, facked, pillaged , and fome in cold blood 
7.39. 24 H .8. burned by them) and the whole Kingdom , Parliament, yea King himfelf in his politick 
£.5 Cwfe I- i* Capacitie ; and railed an Army of Papifts againft expreffe late Acts of Parliament j who not 
f. 5 1. 5 1. •; 1 . oncly now fet up their long exploded MafTe opeuly in Torfcfhire , Reading , and other places, 
but (which my very foul abhors to think of) have lately in a moll impious manner, Shit 
. upon the Englifh Bible in folio , defaced and burnt many Teflaments , and godly Englijh Booths , infofm 
Hamonds houfe (a Bockfeller) in Maryborough, when they facked it, in contempt of our Reli- 
gion, letting the chimney on fire with their exceffive flames; and if reports be credible, have 
{{ nee burned di vers Englifh Bibles,* with other good Books, in the publike Market place at 
Fcading, under the very Gallows, in defoliation of our Proteftant Faith , whofe utter extirpa- 
tion is their chief defigne. Certainly, if thefe ill Councellers, or murdering Plundering Ca*- 
yallicrs once come to a legall triall, a Gallows will be too milde a punifhment to expiate fucb 
a prodigious high Tre&fin , which former ages can hardly parallel , efpecially if they peifevere 
- therein . But of this more hereafter. 

Sixthly , Hence likewife it neceffaiily follows, that the Koufes of Parliament being thff' 

1 Soveraign Power, ought of right to enjoy , and may when they fee jiift caufefor the Ki g- 

doms fatety and benefit, order the Mili:ix, Navy, Ports, Forts, and Ammunition of the Realm, 

anddifpofe of them into mch perfons cuftodies as they may fafely confide in • nominate 

and ele&, both the great Counfellers,publike Officers, and Judges of the Kingdom ; of right 

require , ( if not enforce , if wilfully denied ) the Kings Affent to all publike Bils of Right 

and Juftice , necefifary for the Common-weal and fafety of his Subjects , in which the King 

hath noabfolute Negative voice ; take up defer. five Arms to protect their Privileges, Laws, 

liberties, and eftabiiihed Re'igion . not onely againft Malignants and Popiili Recufants, but 

the King himfelf, if he raife Forces againft them, make war upon them, againft his Royall 

Oath and duty, declaring himfelf an open enemy to his Parliament and kingdom , That 

q fern A CO they may lawfully in cafe of prefent ruine and danger, without the Kings concurrence , when 

MlTITS 1 N^he fhall feparate himfelf wilfully from,or fet himfelf againft them, (which the Q Eftates of Ar.i- 

i TEMPESTI- gok held A W ICKEDNESSE in their King Aljovfo the third:) impofe taxes on the Sub- 

'VE DISCE- jcct,and diftrairi theirgoods, imprifon, confine, fecure their perfons for the publike fafetie. 




- ' m fl fence, in the next parts of this Difcouife. 
j \6tnrm facum ' l 

v;?i- 

ron. ' , „ _, , _: 

aJVerntn ' # 

A i».(J6mcnr« 

61. Errata arid Omiffipns in fome Codies, 

Page 15/.43. for Lav/cs read Cowpi p.40.1.22. . p.4£« 

id p. 5 r, 1.2o. Eleventhly, r. : 

Finis Partis Prims:, 



fsOVERAIGNE POWER I 

OF f 

PARLIAMENTS & KINGDOMES. % 

° R . i 

£ Second Part of the Treachery and T)i/loialty of J 

-?£- fPrf/»j/?i to their Soveraig'us. ^ 

fc - Whcrehnhe TW/awpwtt and l\tnidomes ^tfand Zwrfrf/? iw, and ^ 

^ /"savr or<7 the Militia. Ports, Forts,Navy, Am nunition of the Realme, to -jjfc 

$£ dfpofeof them unto Confiding Officers hmds, in thefe times of danger i, Their ^ 

J£>- Rrgfeand fnterefi to tumitwetai ti/e8 all neidfttComtrandas, to cxercife the M)\ixi& -^ 

.at for the Kingdom.! fafe'j, an I defence '■ As Ilkcwiff ,to Recommend and make ckoife of tb? .2 



* 



Lord Chancellor, Keeper, Treafurer, PrivySeale, Privic Counfellurs, Iudgcs, and ShenrFes 

$f tbe KJngdome, ll'i.-.nth y fee juftCaufe: Together with the Parliaments late Allcrtion; ^* 

•3£k i*g bath no alfulme Negative VmCt in pafng publicly Bi'.U of Right and Iuflice, -2£» 

jcr the fifcty, peace, and common benefit oj his People, when both Houfes deeme J* > 

r& tbtM*tttffizy and jvft i ate fully vindicated snd confirmed, by preg- io 

«pjn nam Rcafons and variety or Authorities^ for the fatisfac*ti- -*|sj» 

wr^ on or all fiialignmnt , Papifls, Royallifls , who 3^, 

\U unjuftiy Ccnfure the Parliament pre- tz\ 

j +b? ceedings, Ci.mr.es and Dula- "5^ 

'"*£ rations, in cheie Par- v^ 

I — »■ 

Judges iO. i. 2 8 9 ro it. J^ 

^nf Tben all the Children of Jfraelrvcnt out, a:id the fingregztiomat as fathered together, as cne man 3 from ^ 

Dun cv:n t<j Bcerfljcba, (?c. And all the PopU aroje as one m in , ft) i><g ; JVewiUn4t any of t<A£oeto "^" 

hL Tent 5 KtitberwiU rveanyofm iur::e into hn H'mjl \ Bur now, this iia'lbc the thing, that toe will -?r m 

doe to Gibcab ; We ivtllgoe up by lot cguv.fi it A na wt twill tatet ten men of .a:: hundred, throughout ^T 

*j£ be Tribss of Ifiael - 3 an dan hundred of a thou/and, and a tbiufard tut if tin thovfind, to fetch 4?£~- 

I pcople> that they may doc to Gtbiib, according to all the felly that they have wrought ^ y 

in 3fratL "SS* 

Judges if. 5.6. it. J^£. 

And it rxas fa when tbecbddren c/ Amman ir.idewarre gtinfl ifratl, the Elders cf <J lead [aid untoTo- jgu, 

\ Come, and btiurCajttaineyibit we mij figbt with tb? chit jr<ncfAmM$»> &c. Then Jeptbib ^ 

xzcr.fwiihtht Elders oj GiUad t and V HE PEOPLE CMADE HIM HEAT) AST> h?£ 

CAfTALXE OVER THEM. *L 

$ iS:-m. H. r4 ^ 

Vg* Andthel\irg faiduxt* the people JV HAT iEEMETH T V BEST, J WILL 'DOE* -fg? 

' ^ Then ZedcshUb the KJngfaid unto the Princi ; ', Behold, he isin j our hind ', FOR THE K* N<? 3p" 

?t IS HOT HE THAT CAN. DOE ANT THING AGAINST TOT. ^ 

*£ -S.. 

J&. Icisthis 28 th . day of March, 1643. Ordered by the Committee of the Houfe of £fr 

\ 3t* Commons in Parliament concerning Printing, that this Booke intituled, The So- gT 

veraigne power of parliaments andKiKgdonses^ be forthwith Printed by Michael ^* 

nJ" Sparse. Senior. John White, ~f&' 

^ — L_^ , _ 1^. 

^S. Printed at London by j. D* for Michael Sparke, Senior. 1643, 3^. 




/&S x*v x^ j*- 



.&v /' X N. 




To T^ 'Reader. 

Ourtcow Reader, our ufuall Proverbe concerning Set- 
ence-. That it hath no enemies but Ignorants^ is in a grcai 
meafure now verified concerning the Proceedings of 
this prefent Parliament $ that few or none malignant- 
ly clamor againft them, but fuch who are in a great 
degree Ignorant of our Parliaments jtift Soveraigm* 
Authority-, though many of them in their own high- 
towring conceits deeme thcmfelves almoft Qmni- 
fcients, and wifer than an hundred Parliaments com- 



pared into one. Among thek Anti.parliamentallMomufes, there are none 

more outragioufly violent (Papifts onely excepted ) [^exorbitant Difcourfes^ 

and violent Invettives, againft this Parliaments Soveraigne power , Priviledges, 

Order s,Remonjlrances y Refolmions s xh^Vi a Company of feemingly Scient, though 

really * i^m^felfe-conceited Court-Dottors,Priefts y and Lawyers, who have * ® j U ™Z?\ 

|b long ftudicd the Art of flattery, that they have quite forgot the vwyToZnliXl- 

Rudiments of Divinity, Law, Policy, and found out fuch a Divine, Legall,un- ^m, vixai 

limited abfolutc royall Prerogatives the King s and fuch a mod dejpicable Im- ^^aT 

potencie, Inanity, yt^L Nullity in Parliaments, without his perfonall prefence Erafmis, * 

and concurrence with them-, as was neverheard of but in Utopia, if there; 

and may juftly challenge a Speciall Scene in the next Edition of Ignoramus. 

What Godhimfelfe long fince complained ofF^* My people are ^Jlroyed ^ Q ^x^ 
for lacke of knowledge- may now be as truly averred of the people of England, 
(feducedby thcfcblinde Guides, or over- reached by Iefuitically Policies, )they 
aredeftroyedforwantofknowledgej even of the Kings juft circumfenbed 
Prerogative-, of the Parliaments Supreame unlimited Authority, and Unquefiiona- 
ble Priviledges*, of "their owne Hereditary Liberties, and Native Rights: of the 
Law of Cod, of Nature, of the Realme in the 'points now controverted betwecne 
ICingmd Parliament; o£ theMachiviliandeepe Plots of Priefts and Papifls 
long fince contrived,and their Confederacies with forraign States (now vidbly 
appearing,) byfecret Pratfifes, or open violence, to fet up Popery and Tyranny , 
throughout our Realmes at oncej zndby falfe pretences, mixc with deceitjull 
Protejlations, to make our felves the unhappie Inftruraents of our Kingdomes 
fiavery, our Lawes and Religions utter ruine. The Ignorance, or Inadvertency 
of thefc particulars, coupled with a Popijh blinde Obedience to all royall Com* 
mands though never fo illegall 5 out of an implicit Faith, that whatever the 
Xing Commands (though againft theexprefle Lawes of God and the Realme 
and Refolutions of both Houfes of Parliament) may and ought to be obeyed 
without mtraditftM or nfpn^ <*s fomc new Doftors ceach; hath induced not 



THE EPISTLE TO THE READER, 



onely many poore Ignorant Englijh and Weljh filly loules, but like wife fun- 
dry Nobles a nd Gentlemen of quality, very unworthily to engage themfelves 
in a moft unnaturall deftru&ive warrc, againft the High Court of Parliament, 
* cari funt and their * Dearefl Native Country , to their eternall infamies, and ( which is 
$arer}tes,cari a i mo f t a miracle to confider; to joy ne with the Iefuiticall Popijh Party now 
qutfaS"' in Armes both in England and Ireland, and fome fay under the Popes event 
W, fed omms standard) not onely to fubvert their owne Lawes and Liberties, but the 
tawPatfil ve r y Proti fi arlt Religion here eftabiihed, which they profeffe they fight for. 
unacompiexa In this deplorable warre many thoufands have beene already deftroyed, 
ehproqm and the whole Kingdome aimoft made adefolatewilderneffe, or like to be 
TZtmmerjt foerethis Spring pafie over-, and all onely for want of knowledge, in the pre- 
c^un.ftu mifes, which would have prevented allthofe Miferies and Difir actions under 
^SlXr- which we now languilh aimoft to defperation, and e'eath itfelfe. 
firt'iw 'lie' To diflip " te tHefe blacke C louds of Egyptian Darkeneffe, fpread over all) 
tun irmam- t ^ e Land,diftillirg downe upon it in jhowres ofBloedinltetd of J prill drops 
t^TfViTl ' c -f ^'ine,(and I pray God they make not all oar May flowers of a Sanguine 
Vatriam.&iv dye J I have, (alter a \ongfad Contemplation, of my deare Countries bloody 
Mjunlm de- xra^d/es) at the fpeciall Reqwft\ >f fome Members of Parliament, (according 
<? fuYit % <& to my make Ability, zndpw tlourcs vacancy b om other diltraam : Imploy- 
fierum, Ci- merits) haftily compiled this undigeftcd enfuing Tr-*gment, with the pre- 
cSjUi.p^i 4 , ceding £r^£ thereof, and by f/tf/> Authority, publiflicu that in difmembred 
* Parts^which by reafon of its 'difficultie to the Printers,?*, urgencie of prefent 
publike affaires now in agitation, I was difablcd ro put fjrth (together 
wuh the remainingmember) in one intire Body, as I defired.Bepleafed there- 
fore kindly to accept ihztin FrcJwns, for the prefent, which time; .Qneljr 
muft 3 and (God- willing jfpeedily (hall com'pleatj which by Gods&'leffing; 
on it, may prove a likely meanes to comprimife our prefent Differences- and 
re-eflablifh our much dejired- Peace-, together with out fi e/igion,Laives, Liberties 
in their Native purity and. glory; (the very Crownes., and Garlands of ouj. 
Peace h ) Peace accompained which Slavery and Popery \ bothwbJchxiovy^me- 
naceUsJ being worfe then the worjl cflVarres h and an mnourmt Hdfeij in 
the field fighting againft them, better by farrc then a ■ difconfilate> fordid 
flavijl). life,ox a wounded opprejfej Conference, (though in a royal I Pal/ace Mrid&t 
them. From fucha difad vaiKageous. > enllaving, > eninaiir}g,un welcome ft 
Good Lord Deliver Us* 

All I fhull adde,is but this requeft- A Charitable Confirmm, of this meant 
Service tot my Countries Liberty, Tranquility, felicity : and if thou ,, or the 
Republickevcap any benefit thereby, let God onely enjoy thy Prayfcs, the u 
thor thy Prayers. Andbecaufe Ihave walked in an untrodden patK, ir 
the Patts of this Difcourfe. 

Si quid novifii rettius iftis 

Cm^dmjmpen^finon^ htsmeremecm^ 




T H F, 

SOVER.AIGNE POWER 

PARLIAMENTS 

AND 

KINGDOMES. 

A V I N G anfwered in the former part, the Grand Objecti- 
on agaii-iLl the Parliaments Soveraigne Power,! (ball in this 
proceed to the particular crimes now objected againft it. 
The fccDnd grand complaint *)f his (a) Majelty and others, 
againtt the Parliament is, That both -HouTes by a meere Or- 
t&umcej notonely without, but againft the KingsafTerit, 
have tinjulllyuforped the power of the Militia^ chiefe flow- 
er of the Crowne, and in purfuit thereof,not onely appoin* 
ted Lieutenants, and other Officers, to mufter the Trained 
Bands in each County ;but likewiieleifed the Ports,Forts,Navy,a.nd Ammunition 
oftheKing,together with his Revenues; toregaincall which,his Majcfty hath beene 
ncccftitated to raifean Army, and proceed againtt them in a Martial) way. 

This unhappy difference about the M'il'iti.%^ being (next to the Introduction of 
Popery ) the fpringhom whence our uncivill warrcs have irfued, and the full dlC- 
cuition thereof the motr probable meanes to put afpeedy period to them : I Gull 
With as much impartiality and perfpfcuity, as I may, like a faithfull Advocate to 
my Country, and cordial 1 in. 1 liferent well-wifher both to King and Parliament, 
truely Mate and debate this controverfie, beginning with the occalions which firR- 
(etitonfoote. n 

In the late happily c empofed warres betweenc England and Scotland, (occasion- 
ed by the Prelates) divers Counties of England were much oppreflcd by their Lieu- 
tenants with illegall Levies ofSouldiers,. Coat and Conductmoney, taking away 
the Trained Bands Arrrtesagainil their contents, and the like,for which many com- 
plains were put up agt in ft them to this Parliaments many of: thcra voted -Dclin* 

-A ^ uentfc; 




Ob] e£t. 2. 

(a) See all hit 
Majefties De- 
clarations and 
ProcUmarions 
concerning rhe 
Milu'u % Com- 
miHlon of At- 
Tav,HuV y The 
CompJainf j- 
gainftrhei . 
anient. 



Anfw, 



The Parliaments Inter eft in the Militia . 



quents, unfitforfuchatruft, and all their Commifllons refolved to be againftLaw; 
To thatthe^i/rt^oftheRealme lay quite unfetled. (ti) Not long after, our Nor- 
(£)See ihe Par- therne Army againft the Scots, the pacification being concluded, was by ibme ill in- 
JiamentsRemS • ftrument s laboured to march up to London^ 'to over-a we or diflblve the Parliament, 
ftrances,&De- anc j q ua (h the Bill againiUheBiftiops fitting in the Houfe : Which plot being di£ 
^TlUhefc covercc *3 andthechiefeA&orsinit flying over-fea ere it tookeeffeft, made the Par- 
partfcularsjfpe- Hament jealou s and fearefull of great dangers, if the Command of the Forces of the 
dally Nov. z, kingdome then vacant, fhould be continued in ill-affe&ed, or untrufty Officers 
1641 hands; which diftruftes and feares of theirs were much augmented by the fuddaine 

lU S Bookcof & mfa ttK-&ellionoftbeVapi$sin Ireland,v?ho (c) pretended hi* Majefties and the ghteens 
Examinations, Comntijjionsfor their warrant $ by his Majefties unexpected accufation of> and perfbn- 
Printcd by the all comming ( with an extraordinary Guard ) into the houfe of Commons to de- 
Houfes Order, nund the five Members of it, whom he charged with high Treafbn ; by his enter- 
taining of divers Captaines, as a fupernumerary Guard at White-hall ; and deny- 
ing a Guard to the Houfe 5 by the Earle of New-caftks attempt to fcize upon Hull, 
and the Magazine there,by command ; by the Lord Digbies advice to the King, to 
retire from the Parliament, tofomeplaceof ftrength; by the reports of foraine 
Forces prepared for England, through the folicitationofthofefugitives,whohada 
finger in the former plots 5 and by the Queenes departure into the Nether -lands, to raife 
a party there. Hereupon the Parliament for their owne and the kingdomes better 
Security (in the midft of fo many feares and dangers threatned to them ) importu- 
ned his Majefty to fettle the then unfetled Militia of the kingdome, by a Bill, for a 
convenient time, and feeing the King himfelfe could not perfonally execute this 
grea$ truft but by under-officers, by the fame Bill, to iHtruft fuch perfbns of quali- 
ty and iincerity (nominated by both Houfes, and approved by the King) as both 
• his Majefty, Parliament, and Kingdome might fecurely confide in, to exercife the 
Militia^ and keepe the Forts, Magazine, and Ammunition of the kingdome under 
him onely (as before ) tillthefe blacke clouds were diffipated. Which his Majefty 
refufingto grant in fo ample manner as was thought nieete for their fecurity ; by a 
Vote of both Houfes (when they were full) the Militia was committed to divers 
Noble Lords and others ; many of whom have fince laid do wne their Commifllons, 
which they at firft accepted from the Houfes, and inftead thereof,beene a&ive instru- 
ments in executing the Commiilion of Arrays (ilfued out by his Majefty, in direft 
opposition to the Militia) which the Houfes by two feverall Declarations have fince 
Voted and manifefted. To he againft the Law,a?id Liberty of the Suhje&s, And to pre- 
vent the arrivals of Foraine Forces, and a civill warre in the bowels of the king- 
dome, they firft put the lower of London, by the Kings content, into a confiding 
hand, trufted by either party, then they fecured Hull and the Magazine there 5 af- 
ter this, when they were informed his Majefty had feifed Nctvcaft/e, and was rai- 
ling an Army, they poffefled themfelves of the Navy, Portfinouth, with other Ports 
and Forts ; and fequeftred his Revenues; (the Nerves with which he (hould fupport 
this unnaturall civill warre) which by degrees hath now overfpread the whole 
kingdome, and threatens inevitable defolation to ic, ifnot fpeedily determined, by 
an honourable fafe accommodation. 

This being the true State and progrefle of the Militia, the fole queftion will be j; 
Whether all the foi m:r circumftances of danger^and his Majefties rcfufall to fettle the 

Militia 



The Parliaments interest in the Militia, 



Militia % Ports,&c. by an aft; in inch trufty hands, as both King and Parliament 
might confide in ; the Parliament by an Ordinance of both Houfes onely 3 without 
the King, refilling to joyne with them, and wilfully abfenting himfelte from the 
Parliament, might not in this cafe of neceiTity and extremity, ( for their owne, and 
the kingdomes lafety ) lawfully fettle and feifc thepremifes, for the prefent,as they 
havedone? and whether this be a juft ground for the King to beginne or continne 
a defperatecivillwarrc againft his Subje&s? For my part, I (hall not undertake to 
juftihe all palTages on either lide, in the managing of this bufinefle ; it may be there 
have beene errors at leaft in both parties: which to reconcilers neeraspoflibIe,I fhall 
preniife fuch propofitions on either hand, as neither can in juftice deny. 
On the Kings part it is irrefragable : 

Firft, That the Kings ot England, (yea generally all Kings where ever) have ufu- 
ally enjoyed thechiefe Minifteriall Ordering of the Militia ( in fuch fort as it hath 
beene fetled by their Parliaments) for the defence of the kingdome by Land and 
Sea, againft Foraine Enemies: A truth acknowledged,not onely by Judge Crookg, 
and Hntton, in their Arguments againft Ship-money, but by the Parliament it felre 
in their two Declarations againft the Commijfum of Array ; the (d) Scriptnre it felfe in (d) i Sam.8, i \ 
fund ry places, together with (e) Ariflotle, (/) Foljbiw, (g) Cicero, (/;) Jacobus iuo.cij.z, 
Valdefiw , the fi) Hifiories of all Kingdomes attefting, that the originall caufcof ro »7^ Sam.8. 
crc&ing Kings was, and one principall part of their Royall Office is, to be their 30c j 8, ^J 9 
Kingdemej Generals in their Warres, and fight their Battailes for them ; the Kings (e)P$lia\}&$ 
of Sparta, and others, yea, the ancient Roman Emperours, being (^) nothing but (f)Xift.l.6. 
their Generalls to manage their Warres, and oft Ele&ed Emperours by the Roman fg)De offic.i.2. 
Legions, for their skill in Martiall affaires. W g< Jjg- 

Secondly, That it is not onely Q) expedient, bntinfimerefpetts necejj'ary, that this fpa n Uc?\%. 
chiefc minifteriall command of the Militia,Forts, and Navy, fhouldconftantly con- (i)$cc Munfters 
tinue in the Crown ; unlefle it be in fome (peciall cafes- as when the King is an In- Ccfmo.l.i.c.i^, 
fant, or unable, or unwilling to difcharge this trull; or intends to imploy this pow- /ffc^' 4 /" 5 ^* 
cr againft his Subk&s to infringe their Liberties, and erect a Tyranny inftead of a )}c m btpe h™!} 
Royalty over them : And that it is n*ot meetenor honourable to deprive his Majefty 'E*troyi. Zenar, 
of this part of his Soveraignty at this prefent, but onely to recommend unto him Vfteer. Vcl)b. 
fuch perfbns of truft and quality to manage the Militia, Forts, and Navy under Jii^ , 
him, in thefe times of wane and danger,in whofe fidelity the Parliament and whole f^' r^nn m &r 
kingdome may confide, and lb be freed from their juft jealoulies, feares, and dan- Poundage, and 
gers. Thus iarre the Houfes have already condefcended; and upon thefe indirle- Subfiles of 
rent terraes fas they conceive themjhave oft (m) profered to rengne up all the Ports, Te »nporaky & 
Forts, Ships, Magazines, and Ammunition they have feifed on, into his Majefties f^^Ste h 
hands, they never dellring, nor intending to deveft him o f this his Soveraigne pew- Pwitionsrorhij 
er over them. tffca, and the if 

On the Parliaments part,i t nuift necedarily be granted to them by the King: Kemonftranct, 
Firft, That the whole power which either his Majefty hath or claimes, or his Nov - l - , *4i. 
Predeceflbrs enjoyed over the Militia, Forts, Navy, Ammunition, and Revenues of . 
thtCrowne^ was originally derived and granted to his Anceftors, by the Parlia- j* Sre the Re- 
ments and k mgdomes free confents, * And that onely upon trttjl and confidence for their monftranceof 
protetr'^:. benefit, fecurity, at tbeprcmifes .ibunduntly evidence, j!? c Lords * nd 

Secondly, That the King hath.no other power over the Militia^ to Array,Arme fCto b*a. le^z' 

A 2 _ © r « 



The Parliaments inter eft in the Militia 



orMufter hisSubjettsinany cafe, then onely in fuch manner as the Parliament by 
fpeciall A&s hath prefcribed, as Sir Edward Cook^'m his Injlitutes on Magna Cbaria y 
f$ 28, 529. this Parliament in the two Declarations againft the Commiffion of Ar- 
ray •> and Judge Crooh^ and Button in their Arguments againft Ship-money, have large- 
ly proved. 

' Thirdly, That in ancient times,in and before Edward the Confeffors day cs, and 
fince,the Heretoches (or Lord Lieutenants of every Province and Country) who bad 
the chiefe power of the Militia, and commanded them as their Generalls in the Wanes, 
were eletted by the Common Councell of the Kingdom? (the Parliament) throughout all Pro- 
vinces of the Realme, and in ever) County (by the freeholders) in a full Eolkrnote, or Coun- 
(n)Archamf 9 t y Court .; asappearesby the exprefle words of King Edwards owne Lawcs, Recor- 
**l'£dm z-c dedin (n) Mr. Lamhard h Recitedand affirmedby Sir EdwardCooki in his Infiitutes 
17. 19. E. 2' On Magna Charta, /174.5I75. 

F'n\. Execution Fourthly, That the SherifFe of every County ( who both * then had, and now 
247.8 #.4.19. hath//*// power to raife the Militia, and Forces of the County upon any occafion, 
C Ikes I ? f}' lG t0 a PP renen( ^ Delinquents, execute V voces of the Law, Jkppreffe Riots, and prefervetbe 
onMgmcTJri f^ce of the County ) were not elected by the King, but by the Freeholders of each 
tnfi^,ii.E. County, as the (0) Ccnfervatorsot the Peace, and all great Officers of truft, then 
1. c. 1 8. were^and the (/> yZoronersf orefters,znd other Officcrs,then and yet are elected by the 

CO Cooke Ibid. Free-holders, (as well as (f) Knights, Citizens, and Bttrgejfes of Parliament) even at 
00 'coole'lbid. *^* S vei 7 ^ 5 ^his * s ev ^ ent ^y theexpreffe words of King Edward the Confeffors 
No. jvat. Bre. Lawes, Cap. deHeretochiii ( Recorded by Mr. Lamhard, Archaion, p. 135. and Sir 
Ifji 164. Re- * EdwardCooke ) attefting; That the SheriiFes of every County were chofen by the 
giftcr, pan. i. Free-holders in the County Court : And by the Articles of deprivation againft Richard 
\ 77 '}l*' 1 \ B j thefecond, charging this upon him as an illegall encroachment, * That he put out 
Li.faT '<&** Sheriffs lawfully E L E G T E D (to wit, by the Freeholders y and put in their 
(q) 7.H.\. c. roomes divers of his owne Minions, fubvening the haw, contrary to his Oath and Honour. 
1 f; SM.6.C7 (r) In the yeare 1261. The Barons, by vertue of an Ordinance of Parliament made 
(*)injlimtcscn at Q x f or d, in the 45. yeare of Henry the third, admitted and made SherifTes of divers 
174 "i 7 f Counties in England^ and named them Guardians and Keepers ofthefe Counties, and difchar- 
(*/ Grafton P* & e ^ t ^ em whom the King had before admitted. After which, great tumults and Jeditions a-- 
40 1 . rofe throughout the Counties of England about the Sheriffes • for the * King mak[ng new She- 

(r) Mmb. riffes in every County, and removing with regall indignation, thofetowhom thecuflodyofthe 
Weft m. Anno. Ceunties was committed by the Barons andCommons of the Land* the inhabitants of the Coun- 
\\i.' FabUiu ' tus an ^ mate d with the afji flance, and ayded with the Counfell offome great men of the Realme, 
part. 7- p. 30. by whom they were inftrutfed^with great fagacity, Novos repulere viriliter Vicecomites, man- 
7 1 . Grafion. /. fully rtpulfed' the new Sheriffes -" Neither would they anfwer, regard,or obey them in any thing. 
i?7- Whereat the King being gritvou'fly troubled in minde, to gaine the peoples devotion andfideli- 

f^Afa* Wft ^ 9 dir eU ed hh Letters to aU the Inhabitants^ the fever all Counties of England, moving to 
Hit Ibid.' ' piety and tending to regaine the Subjects Love. Whereupon, great difcord increafed 
betweene the King and his Barons • who commingto London with great Forces, the 
King finding himlelfc too weake, ended the matter for the prefent with a fained Ac- 
commodation, which foone after was infringed by him ; and fofionquiez it tandem 
per internuncios ipfa perturb atio, SUB SPE PACIS reformandx ', fine ftrepitu 
guerrt, quorundum Procerum ad hoc ele&orum confderationibtis^parteutraque concorditer in- 
clinatA. Sicque Baronum omnis labor, atque omne Jludh/m prtcogitaturn din, QLIOR UN- 
DAM 



The Parliaments intereft in the Militia, 



DAM (ut fnttabatur) ASTUTIA INTERMIXTA cajfatum efl ad hoc 
tempus, & emarcuit • quiafemper nocu'a dijferre parjtii ; Writes Matthew IVeftm'mfier^ 
Notwithstanding thc(econtelts,thcpeopIe (till enjoyed the right of electing She- 
ritfes, which is evident by the Statute of Art iculi juper Chart* , in the 28. ycarc of 
King Edward the 1 . ch. 8. The Kinggrantttb t$ the people (not by way of grace but of 
Right ) that they frail ha: : nj' their Sberife IN EVERY SHIR E^nher, 

alty is not of Fee ) IF THEY LIST, And ch. 13. For at much a* the 
>h grant fd the eleUion of'Sberijfej to the COMMONS if the Shire, the Kinr 
will) that THEY SHALL CHUSE fitd> Shtrijft /, that ft all not charge them 
&c. And Sir EdtvardCooke in his Commentary on Magna Charta^ f. \j^ 175. 
558.559. 5^6- proves at large, the right of electing Shcrirfcs, to be antiently, of 
late, (and at this day in many places ) in the Freeholders and people., as in Lon- 
do/j y Yor^Eriftil!filocej}er y Norfi:icb>h\ all great Cities which are Counties,& in Mid- 
dlejex. Seeing then the Parliament and Frce-holders,in ancient times had a juft right 
to elett their Generals, Captaines^Sheriffes, (who had the fole power of the (JWi- 
litia, and Counties in their hands next under the King himfelfe,) and there is no 
negative Law in being (that \ can flnd)to exclude them from this power ; I humbly 
conceive,that their fctling the Militia by an Ordinance of both Houfes, and elect- 
ing of Commanders, Lieutenants, Captainesin each County to execute it, and 
defend the Counties from plundering and deltru&ion, without his Majefties con- 
sent (efpecially after his refufall to fettle it by an Aft) can be no incroachment at 
Jill upon his Prerogative Royall, but onely a reviving and exercifing of the old un- 
doubted rightfull power enjoyed by their Predeceflbrspow neceflary to berefumed 
by them (in thefe times of feare and danger) for thekingdomesfafety. 

Fifthly, The Mayors, Bayliffes, Sheritfes, chiefe Officers of Cities and Townes 
corporate throughout the Realme, (who under the King have the principal! com- 
mand of thofc Cities, Townes, Ports, and in many places of the MMtia&nd Trai- 
ned Bands within them .) are alwayes chofen by the Corporations and Freemen 3 not 
the King, without any derogation to, or usurpation on his Prerogative. Why then 
may not thole Corporations, ( yea each County too by the like reafonj' and the 
Parliament, which reprefents them and the whole Kingdome, without any prejudice 
or dishonour to his Majefties Authority, by an Ordinance of both Houfes ofParlia- *SceC^/ 
nenr, without the Kingj difpofe of the Militia^ and thefe Military Officers, for toftfrnieioa 
:hc defence of thole Corporations; and the Realme too, nowjin times of fuchap- Mw*Cb*n*f. 
parent danger: \Wsp*dtHift 

Sixthly, all * Military Affaires of the kingdome heretofore, have ufiially, even p.ySf.w79^.' 
)fright,(Tor their originalldetermining, counfelling, and difpoling part) beene SceWalfingh*>n 
Ordered by the Parliament ; the executive, or minifteriall part onely, by the King ; F*t>m, Holm* 
md Co hath beene the uic in mod other kingdomes : To inftance in particulars. P^^Hall 

Firft, the denouncing of warreagainft forraine enemies, hath been ufually con- \n his lie 
ludcd and rcfolved on by the Parliament, before it was proclaimed by the King : Ann* \J* * 
is our Records of Parliament, and Hiitories of warresin the Ho!y-La?id,Francc :> Scot- fyHtt/ingham 
and \lrelandy abundantly evidence. f/ )KingHarrji 
ates^Lords^S: Commons in ParliamentyOnd at their cmitemait, 
ooke bh rift or ions warre againfl France, to which Grown* he t.._ 
nd they granted him SubfidicS:King (Y) Edward the l.in the 2 1. y tare of his 1 eigne 3 GrftenJFafon 

I 3 calling 




The Parliaments inter eft in the Militia* 



calling a Parliament at London, de Concilia < Prjd*torttm & Procerum,&c. by the advilc 
. of his Prelates, Lords and Parliament, denounced war againlt the King of Frame : 
to recover his right and lands there feifed. Which to effeft both the Clergy and 
Laity granted him large Subiidies. In the («) fifth yeare of King Edward the third, 
(»0 Grtftcn, p. the waiTcag&ir\l\Swtljnd was concluded and refolved on, in and by the Parliament 5 all 
ax7-«2, 223. tfaNobles and Commons of England telling the King, they would g'ad/j and wittingly affift 
and goe with himin that expedition, which they vigoroufly profecuted : Before thts, 
Anno 1227. A peace (at well as wane) was concluded with the Scots in and by a Parliament 
at Northampton, (x) Anno 1 242. KingHenry the third fummoning a Parliament, and 
(x) Matth- P4- demanding ayd of hit Subjects to ajfift him in his war re againfl the King of France to recover 
THyAnno.i 140. ^ rights tlxre, they gaze him a r'efolute anjwer, that they would grant him ?io ay he, and that 
\l l% U l> befhould maki no wane with France tiU the truce were expired: which Matthew Paris thus 
further exprefleth : The Nobles anfwered him with great bittermffe of heart ; that hee bad 
conceived this wane and voyage into F ranee without their advife: Ettaliaeffronsimpuden- 
'terpoftularat, exagitans & depauperans f deles fuos tarn frequenter, trahms exa&ionts in con- 
fequentiam quafi a fervif ultimo conditions, & tantam pecuniam toties extorjit inutiliter 
dtfpenfandam. Contradixerunt igitur Regi infaciem, nolentes ampliw fie pecuniafua fruftra- 
toriefpoliaru The King hereupon put them off till the next day (Komanorum ufus ver- 
futis fallaciis ) and then they fhould heare his minde concerning this and other mat- 
ters. The next day he calls them one by one into his Privie Chamber, now one, then 
another, lihg a Prieft calling penitents to confejjion ; and thus thofe whom hee could not 
altogether overcome, weakned by being every one apart, hee endeavoured more 
cunningly to enervate wkh his words; and demanding a pecuniary ayd of them 
he (aid ; See whatthU Abbot hath granted me towards my ayd 5 behold what another hath 
jHbfcribed,prflducingafaynedroll) that fuch and fuch an Abbot or Peere had fubferibedfuch 
afumme, when in truth not one of them hadconfented to it, neither came it into their thoughts. 
The King therefore with fuch falfe copies,and enfnaring words cunningly inveagled 
many: Notwithftanding moft fiood out, and would by no meanes recede from the common an- 
fwer^which they hadfworne not to reotde from under paine of an Anathema, To whom the 
King anfwered in anger, Shall 1 be perjur 9 d ? I havefworne with an inviolable oath, that 
faffing over Sea$ I wiUwitb aftretcbed out arme demand my rights of the King of France, 
which I cannot doe without ft ore of treafure, which muft proceed from your liberality, elfel 
can by no meanes doe it. Neither yet with thefe, or other words could he entrap any, 
albeit, he called every man fingle to conferre with. After this^he againe called others 
which were more familiar with him, and fo talking to them faid, What a pernitious 
example giveyou to others ? you who are Earles,Barons, and valiant Souldiers, ought not t$ 
tremble as others,tp wit, Prelates of the Church doe, Tou ought to be more covetous to de- 
mound the Kings right*, arid valiantly to fight againjl thofe who w rong me^ &c. with what 
face then canyon relinquifb me poore and de folate now, beingy our Lord, in fuch a weighty bu- 
fineffe which concernes the Common-wealth, when lam bound by prvmifes topaffe the Seas, 
whieh 1 ratified with an oath? Which when it came to the knowledge of all, they 
anfwered: 

We admire beyond all that can beffofyn, into what bottomlejfeph tJx innumerable fummes 
of money are funk^ which thou Lord King haft cmningly gained, by divers wardfhips 
great mm, by various efcheites, frequent extortions, as weU from Churches voydof a Paftor t 
psfrom the lands ofNoblem:n,frte granted "Donatives 9 cngendring amazment in she hearts oj 

th 



The Parliaments interefi in the Militia, 



he hearers, all which haze nrjer brought fo much ai the Icjfl incrcafe to the kanadome. Alort- 
veralltk Nobles of^ England doe overmuch admire, QjJ OD SIN K KOR V M 
^ONSILIO E T CONSENSV, that without their counjell or consent you haze 
mdertaketifo difficult and perilous a bufnejje, ffWHg credit to thofe who want faith , and 
ontcmning the favour of thy naturall Subjects, expofejl thyfelfe to cafes uffo doubt full fortune : 
bottdi(honejllj and impudently, not with unjuft perill $f thy foule, andwoimding of thy fame 
Wea^eft the Articles of the truce bctweene the King of France and thee, which thou haftfwtrne 
\ipon thy foule indijjolubly andunviolablyto kgepe for three j cares fpact,&c. The King hearing 
thefe things, was exceeding angry, fwearing by all the Saints, that lie Tv$u'd be revoked by n<s 
\errour, nor perjwaded by any circumftanccs of words, to retard his begun pur^ofe, and taking 
^iponnuind^naP afch£, would undauntedly try the fortune of warre in forraine parts* 
And fo the Parliament dillblving in difcontent and fecret heart-burning on both 
[ides, the Lords and Barons for a perpctuall memory of their heroicke anfwer re- 
armed to the King, fet it downe in a notable Remonftrance ('too large to tranferibe) 
which you may readein * Mattlxw Paris. After this in the yeare 1248. tbis* King ^Pa-ffM^jJ 
furamoncd a gcncrall Parliament at London, wherein hee demanded an ayde from r M ^ n ^.g'" 
his Lords and Commons to recover his right in France ; who inftead of grantingit, p.7 x 8,7 ij. 
informed him very roundly and fully of his unkingly and bale opprelTions both of 72f,7*6 # fcc. 
his Subjects and itrangers,to hisowneani the kingdomes difhonour, and of his 
tyranny and rapines: At which the King being confounded and afhamed in him- 
fclfe, promiled a ferious and fpeedy reformation ; which becaufe they thought 
to be but feigned, he anfwered they mould (hortly fee it ; whereupon they replyed, 
they would patiently expect it till i5.dayes after Saint John Baptitt, adjourning the 
Houfctill then. But the King feduced, hardned and much exafperated by his bad 
Counfellers and Courtiers,givingthenavery high difpleafmg anfwer to their de- 
mands ^ they all unanimoufly anfwered, that they would no more unprofitably impe- 
Vtrifb themfelves to enrich and ftrengtbe?i the King and Kingdomes enemies ; and that be had 
precipitately and indifcreetly, and W I T H O V T T H E I R CONSENT baftned 
into PoiEliers and Gafcoygne r md engaged himfelfc in that warre -, whence he returned ingle 
y'umjly with loffe of his honour and trcafure, to his great reproach. And fo this Parliament 
ijtfolving with difcontent, the King grew very angry with his WCounfellors,forput- 
tinghim upon theft courfes which loft the hearts of his Nobles and peopkiwho to pacifie his an- 
i^erandfupply his wants, advifed him to fell all his Plate, Utenlilsand Jewels to 
the Londoners, and then to rcfume and feifc them againe as belonging to the 
Crowne. 

fj)^^i2$6.ThefameKingHe«^fummonedaParliamentto affilt him in his VjMatu-y* 
IVarrea in Apulia ; but bee an fe he h -id taken upon him that warre WITHOVT HIS * 
DARONS AND PARLIAMENTS CONS ENT flxy and his own bro- 
! .her, Pvichard Earle of Corncwallyv////.}^ to grant or lend him any ayde. And * becaufe a2 * ^ : . lt 

Karons andCommons were not fummoned to this Parliament, as they ought to be, according 
t to the tenor of Magna Chart a, thy refufed to dje any thing, or grant (My ayd without the reft * y. w iff £ #J p^ 
Petrel werepreft?it % and fo returned home difcontented. After this, (z) Anno ns,An.\zft. 
258. chis King fummoning a Parliament at London, demaunded ayde of them to- p.*3$,?$4, 
t vards his warres in Apulia^ to which the Parliament gave this refolute anfwer, that 9$S« 
mhey could no wayesfitpply him in this cafe withvat their <mme undoing : And if he had uuad- 
wifidljy and wtfieminglj gattenfrom the Pipe the Kingdom*, cf 'Afxlia for the nfe of bit form* 
It Edward 



8 The Parliaments interefi in tbe ivlilitia. 



Edward, befiould impute it to bU owne firmplicity ^and that be bad PRESVMED V N- 
CIRCVMSPEGTLY WITHOVT THE CONSENT OF HIS 
NOBLES TO UNDERTAKE THIS WARRE,^^^^. 

btration and prudence, which U wont to forecaft tbe end of things ; therefore befbotildbriwit 

to what ifiue i:e befi could, andfiottldtake example from bis brother Puchard, who refiuQd 

theEmpiretendreJtohim,&c, In the fecond yeare of (a) King Edward tbe fecond hec 

confented to this A& of Parliament, That be would begin no wane without common con- 

(a) WilftngUm ^ nt - in parliament^wbicb be then confirmed with an oath. So (b) Anno 25 . Edward 1. The 

Augip 71. ' LorC *s and Commons utterly refufed to goe with the King to his warres in Flanders, 

(b)Wa\finghm though they were fummoned to doc it; Uzaufttbk warre wat proclaimed without their m 

Hifl.Angl.T-17 confe?its and good likings • and they were not bound by their Tenures to goe unto it* petiti- 

l S,&c.Tpodig- oning tbe King to cLfififrom this warre ; and at lait caufed the King in Parliament to re- 

^2^ r7 p*u°' * ea ^ c C ^ e ^ e ^ erv ^ ces ' And (0 ^ nno 1 20= > - ^ ne Lords and Commons for this very rea- 
1087. f° n > refufed to goe with King 7^7z to his warres in France to recover his inheri- 

(c)Matth. Pa- tance there. * In the fixt yeare of King Richard the fecond,in a Parliament holden at 
TH,Annosi2°U Londonfiit was for many day es together debated, whether the Bifhop of Norwich 
*' % Wdfin ham C Hcnr > Sptnfir) whom tbe Tope bad made General! of bis forces againji the Scbifmaticks °f 
Htil*p,V9 % FJanders, givinggreat indulgences to thafe who f mild affifi him inperfon or with monies vi 
1 20, \\\ .&c. this warre jfbould undertake that warre or no ? and after much oppofuion of the Captaines of 
tbe kingdom*, alleadging, that it was notfafe to commit the people of the King and hingdome 
to an unexpert Trieft -, it was at lafi refilled in Parliament(jbrougb the con fancy and valour of 
t\>d Knights and Commons)that hejhould undertake this warre, and goe Genera!! of the Army: s 
Which office he valiantly managed with good fuccefle 5 "beinga better Souldier then 
* Walfingha-n, Treacher ; And the fame yeare in another * Parliament at London-^ it was decreed B Y 
Mfif.S}*. THE ? AKLlKMENTjtbat becaufe tbe Scotj bad broken their faith with the Eng- 
Irfb, faith fhould be broken with them {Frangenti fdem,jUesfrangatur eidem : ) And that 
afelettpowerjbould befent into Scotland out of England, (to wit, a thoufand Lances and 
2000. Archers) to curbe their attempts, under tbe conduct of the Lord Thomas ofWoodttcchc; 
which tbe Scots being informed or, were greatly afraid, and in the end of the Par- 
liament fent humble fupplicants to it, to treat with them aboutj2.pt ace or truce,which they 
defined. But tbe Englifi havinghad fitch frequent experience of their falfhood, would neither- 
treat nor compound with them 5 but reviling their tncjjengers, commanded them to returne 
borne, wifioingtbem to defend their beads, and rights as well as they could. Who returning the 
Jtfo&beme Lords, undertook^ the defence of their Country, until! Thomas of Woodfioch fbould 
be prepared to ay d them with greater Forces. Loe here both Gencralls, x^rmies, Warres 
appointed by the Parliament, and Subfidies likewife granted to fupply them, and 
the making of a peace or truce referred to them, it being agreed in a former Treaty. 
ibatif any dammagc or injury fijould. bee done by cytber Nation one to another, fiome JbcciaU 
Committees fhould befent to tbe Parliament of both kingdomes every yeare, who foouldpublik- 1 
ly relate the injuries fiuficyiied^and receive amends, according to tbe dammage fiufifered, by tbcl 
judgement of tbe Lords, 
(djGrtftcr.,?, In the Printed Statutes of 18. Ed. $, Parliament 2. andin our (dt) Wfiorians tooj 
%iW>6.\ (and I find this preamble, recited almoit verbatim, the next Parliament the fame 
Spctfy.7 U yeare, chap. I .) J* is to be remznibred, that at the. Parliament balden at Weftminfter,*/;e munA 
day next after the Vtas afth: Hely Trinity, in tbe Keigne of cur Soveraigne Lord the Kinol 
that now is, (/England tbe 1 8, and 0/France f£e 5 , many things mrefiemdinfKU Par-\ 

Uatnem 



The Parliaments interefi in the Militia. 



liament, which were attempted by the adverfary party, again fi our Soversignt Lord the Kin% 
0/ France, againfl the Tract late taken in Bricaine, betwixt our Saveraigpt Lord the K ing t 
and him. And bow that he enforctA himfilfe at much as he may, to d< firry our faid Soveraign 
Lord the King) and bis Allies, Subjects, Lands and places andtlie tongue of 'England. And 
that wa< prayed b\ our (aid Sot traiptt Lord the King of the Pnlates, great men and Com- 
■s THAT THEY WOULD GIVE HIM sllCH COUN- 
LL an! AIDE AS SHOULD BE EXPEDIENT IN SO 

GREAT NECESSITY. And the fame Prelates, «reat men and Commons taking 
pood deliberation and adz -ice, and openly feeing the Jubvcrfi on of the Land of England, and 
Kings gnat hufine fie, which God defend, ifhafiy remedy be net provide d,H AVE COU X- 
SELLED JOYNTLY and SEVER A L L Y, and prayed with great 
vifiance our Soveraigne Lord the King, that he would make him as fl rung as he might to paffe 
the Sea, in afiuranceofthe ayde of God a?id his good quarrell, cjfel'tually at this twte, T O 

MAKE AN END OF HIS WARRES BY WAY OF 
PEACE OR ELSE BY FORCE. And that for Letters, words, nor 

fain promi r es, hefi:a\lnotkthispafifage,tiUhefee the ejfett of his bufntffc+ And for thh 
caufi the faid great men do grant, to pa fie and adventure them with him. And the faid Com- 
mons doe tyrant tobthyfortbefamecaufeinacerta'mefurmejwoQjiinzimesof the Commo* 
nalty,and two Vifmes oft he dues and Burroaghes, to be levyed in manner us the tafi Quln- 
zime granted to him, and not in other manner, &c. So that the money levyed of the fame, be 
dtftended in the bifitufil fix wed to them this Parliament, BY ADVICE OF THE 
GREAT MEN THERETO ASSIGNED. And that the ajBes &- 
jond Trent, BE PUT IN DEFENCE OF THE NORTH. A 
pregnant Precedent of the Parliaments interefUn concluding Wane and Peace, and 
difpofing of the ayde contributed towards wanes, to fuch perfbns and ufes as they 
deenie meete to confide in. By thefe, with infinite other precedents, the Statute of 
I Jac. c. 2. and the AU of Pacification and oblivion betweene Scotland \x\c\ PLnglandy 
made this very Parliament, enacting that no wanefiiall be levyed or made by any of either 
Nation ag wfi the other without confint of Parliament 9 under paine ofHiJj Treafon-, It is 
evident, that thcprincipall righti of concluding, denouncing Wane or peace, refides 
in the Parliament : and that the King without its previous advice and cop(ent>oUght 
not to proclaime any open warre,imce theSubjc&s eltates^and pcrfons mull fupport, 
wage it, and receive moitdifadvantage by it- a truth not onely implyed but refol- 
ved by his Majcfties owne royall alien t this very Parliament in the AS of Pacification 
betwixt England and Scotland, Neither is this thing unufuall but common In other 
Kingdomes. (/)Lhy, (fiPolybius^g^Grimfion, (/;) Plutarch, (£) John Hodin f C )L*\ tani 
expreily afrnne and confirnie by fundry examples; That in the Roman State, both ftii\J) c.z.l.l. 
under their Ki?/gj and Emperours, the cbiefe power of denouncing xparre and coneludingpeace, $»0ec ». /. 8 . 
was in the Senate and people : And if any of their Lmperonrs, Confitls or Generals concluded D:< A '^ D ' 1, 
peace without their confents, it did not bin de, but iv u meerely yoyd, nnkfic the Senate and <- ; 




aj) no Wane v/asbegunne ; nor Peace concluded by their *Bc;!;k.ii>.\(, 
B Kings, **.i« 



lo The Parliaments Intereftin the Militia . 

Kings but by the authority and preceding decree of their Senates, Parliaments and 
Diets, as (I{) JBodiu proves at large. Thelike (/) BuebmansLvWrmcsof the King* 

(h)Bd' of Scotland - y and we have divine authority concurring with it, Jojb. 22. n 9 iaj &c; 

OjmmonwcAlc j^fe- 20. i. to 48. compared with Prov.20. 18. r. 24.6. and JudgM. 

/.j.cio.p.162 " Sccondly,AIl preparations belonging to wane by. Land or Sea, ha vein the gro fie 

to 166. and generally beeneufually ordered, limited and (etled by the Parliaments : asname- 

(l)RerwnStO' jy 

*il. &/.7.if' Firft, What proportions and fummes of money mould be railed for the niana- 

234. gingof the wane- in what manner an'd time itfhould be levyed 5 to what hands it 

f/H) 1 1 R.i.c. mould be paid ; and how disburfed-* which appcares by all the Bills of Sublidies, 

7. See JUftalK Tenths, Taxes, Tonnage and Poundage in the Reignes of all our Kings. 

E*i7tat C q Secondly, How every man ihould be Muttered, Arrayed, Armed, according to 

(n) Abridge- his eftatc, as is cleare by all our Statutes of Armour, Muftcrs, Copt awes, Ships, 

inentofSur. Horfes, Warres, reduced under heads by (rs) Kaftall -^ where you may perufe them: 

(0) 1 £. 3. c.7. byjuftice Crookcs and Huttons Arguments again!* Ship-money ; Sir Edward Coolies 

1 3g'C '1} Institutes on Magna Ghana, f. 528,529. the Parliaments two late Declarations a- 

4.C.13.1 1 #7. gainltthe Commiifton of Array : and the Statute oi~Wi??cbefter y 1 3. JE. i.c.6. 

c\ 8. 19 Ej.c Thirdly, How fane every man ihall March when he is Arrayed, (0) when he fhalJ 

1,1. 5 R- 2. c. goe out of his owne County with his Armes,when not : who ihall ferve by Sea,who 

lo - J H-l* c -9- by Land ; how long they ihall continue in the Warres - when they (hall be at their 

4 "& < Pbil'X owne 5 when at theKingdomes, when at the Kings cofts or wages, and for how Jong 

Mfcfi.Vf £/«£. time; as the Marginall Statutes, and next forecited Law Authorities manifeft. 

c. S.Littleton Fourthly, When, where,and by whom (p) Liveries, Hats, Goates, (hall be gi- 

ChapterofEf- yen i n Warres, when not, and what (q) Protections orPriviledges thoie whogoe 

Sftltiucs^n it t0 Warres, or continue in them (hall have allowed them. 

£68.107 , Fit, Fifthly, What (V) {hares or proportions of Prifoners, Prifes, Booties, Captaines 

Nut. h/c. j atl $ Souldiers ihould be allowed in the Warres -And at what (j-JPorts and rates they 

84, 7, H- 4 , n.oiild be Shipped over Sea. 

F/*q> Temues, Sixthly, (t) How and by whom the Sea (hall be guarded, and what Jurifdiftion, 

/Ulster pref- Authority, and (hare of Prifes the Admirals of England fhall have; When the Sea 

fing Mariner?, (hall be open 5 when (hut to enemies and Grangers • What punimments inflicted 

this Parliament f r Mariners abtifes on the Sea ; And what redi efle for the Subjects there robbed by 

*&• ,^' l8 enemies or others. 

%)iH.le:7 Seventhly, What(a)Caftles, Forts, Eulwarkes, (hall be built or repaired for 

3. &4.C.2 1 • 7 defence of the Realmc, in what places, and by whofe charges. 

//.4.C 1 4 8 H. Eightly, What (x) punifhment (hall be infiifted upon Captaines, who abufe their 

4.C.1.6.&C.2. truit, detaine the Souldiers wages, and on Souldiers, who fell their Amies, or 

}?) ff^c' ^efert tne i r colours without fpeciall Licenfe. 

4 fata. i. 14 Ninthly, What (J) provilion there (hall be made for, and maintenance allowed 

£.4.c.2.8 #. 6. to Souldiers hurt or maimed in the Warres by Land, and for Mariners by Sea. 

r. 13. Fit^. 

tfmJ^T/f.Prorcftionji i£.4.f.i,s,T H.7.C.6. 49 H-7-C- 4. 7H.7. r.i. (j) \H.6.c.%. T4H. 7.^.7.2 R.^.r. 4. 5 £.2, 

tfwf.i.c.}. (i) Ij.R.i./'.Co. i4E.4.r.io. Cr) zK.2 r4.i3.c5. i$ R. 2.r.g, jK.£.c.}. 4 S , f<if,». 1&44I!. a 

(H.f.C.6. l3 £.?.&£. i4.H.6.r.6. 7 ,V,. 2 H 5.C.6 . a 9 H. 6.^2.4 H 5^.7. i 4 £.4.c.4. 18 H.6. c . 9 . 28 H.8.C.1 5. g 7 

H.8.C.4. Cm^ 2lR.2.r.i8. Sc£Spdm(msGkfJ'. Admnal.Coh^s JfiftiT.on Litttctm^oAC H6.,c.y.4 £.4. C.I1.37H. 

ttC.l.ilEHz.r*. (x) 3R.:. r.4.i^H..7r.i8,^9. 7H. 7 .r.l. ^ H.8.C.5 2 jE. ^.c.a# i 7 /;//. 6*y^^,c.g,5 E//*c-, 

Tenths 



TlxTarliaments interest in the Militia, 



1 1 



Yenthly, That (z) noaydc, Armour, Horfes, Visuals (hall be conveyed to the W7R.2.c.i< 
enemies by way or Merchandir erwifc during the Wanes • that a!l»SVy// 5 and ! * R.a.c.7. 7 

enemies lhould be baniAed the Kingdomc and their goods (cifed whiles the ]' z 't 
wanes continued betwpene England and them. 18.10.2S ^ 

Lleventhly, How (.i) Frontier Cables and Townes toward IFa'cs, and other 5 1,5 2, jj.Yh! 
places ofholulity (bould be well manned and gu ir Jed,and no Wekbmen^ I<ijh, Scots 1*6,7- j H.? 
or alien Enemies lhould be permitted to ttay in EnglandtO&ivt intelligence, or futfe- c ' 3 - 4 H -5 
red co dwell or purchaie Homes or Lands within thole TowneSj and that they Iliall l^xcrr?*']? 
aUbedifirmed. 2x7!^ *.c! 

Twelfthly, After what (l?) manner Purveyances fhallbcmade by the Captaines 6 - 1 H.i. c .}. 
of Catties, and how they lhall take up » victual!. In one word, Wanes have beene (^3 E -i-c.7. 
er.de J, Leagues, Truces made, confirmed, and puniil.ments for breach of them, v> iH.y.c.*.^ 
ilions for prefervation of them enacted by the Parliament, as infinite Precedents 6 ' c ]' , ^ ; 
in the Parliament Rols and* Printed ACts, demonltrate. So that Gtir Parliaments ca.14lt4.c4 
in all * former ages, even in the Pveignes of our molt Martiall Kings, have had the '5 K.2.C.7. 8 
eraigne power of ordering, fetling,determiningboth thebeginning,progreiIe, ^^ C -J- J4H. 
a nd conclufiono four Warres, and the chiefe ordering of * all things which con- 1 C ' 1 ' 2 |?V C J 
cd the managing of them by Sea and Land ; being indeed the great Counfell 2 7 ii&c,a!?a 
of Warrc, elected by the Kingdome, to direct our Kings; who were and arein £.4.0.5.17 E. 
truth but the kingdomes chiefe Lord Generalls, (as the(^) Roman Empercurs, and 4-ci. 
all Kings of old were their Senates, States and Peoples Generals, to manage their * I 3 R,2,c 
Wanes and fight their battailcs ) the Soveraigne power of making and directing 1 h $ r $ pi? 
Wane or Peace, being notin theEmperours or Kings themselves, but in their Se- 5.c.;. 4 ' E.3.C 8 
nates, States and Parliaments,as (e^ Bad in proves at large. And being but the king- (d) Fc/)b.kift. 
domes Generals, who mull fupport and maintaine the Warres, there is as great rca- l ' 6 - &*reptw 9 
Ton that they lhould direct and over-rule Kings in the Ordering of their Warres and ^ zn^atin 
A lilitia when they fee cauie, as that they mould direct and rule their Lord Gcnerall t j lt . /^ #9toI t m . 
now, or the King his Generals in both his Armies* During the(g) minorities of pcrours Jjyes, 
King : be fixth, and Edivard the lixth, the Parliament made the Dnke of Bed- *ddent l 

/W Regent oiFrance, and the Dukes of Glocefier and Sommerfet, Lord Protectors of ^T^. a ■ 

rland- committing the trull of the Militia, and Warres to them : And (i) 39. /V&* i$a5[] 
H.6. the Parliament made (7;) Richard Duke of lorke, Lord Protector of the 3 11,12.22. 
Realme,and gave him like power, when the King was of full age. xAnd in our pre- (0 Common . 
lent times: The King himielfe this very Parliament voluntarily committed the f c $$ f 'J' c ' 19 
whole care and managing of the Warres in Ireland and the Militia there to this pre- £fj £ find*** 
f?nt Parliament- who appointed both the Commanders andal other Officers of the 1 *£*% 

Forces lent hence into Ireland: and that without any injury,oreciipIc, to his Ma- 1109,1120. 
jellies Royall Prerogative. If then the Subjects and Parliament in ancient times, (') (} > *fi-p. 'U? 
have had the election of their GeneraU^ Captaines, Commanders, Sheriffs, Mayors, uef* 1 **' 19 
and other Officers, having the chiefe ordering or the Militia under the King; if $6xfai£(j)jj 
they have conlrantly Ordered all parts and matters concerning the Warres in all st<m>, .v 
former Kings Reignes; appointed Pvegents and Protectors, committing to them 
the Kings owne Koyall power over the "Militia, during their Minorities ; and his 
: jlry himielfe hath permitted this Parliament to Order thi nd > to 

which they have no inch right or Titleasto that i , without any preju- 

dice to his Prerogative 5 lean fee no juft exception, why his Majelty lhould ai firft, 

B 2 or 



I z The (parliaments inter eft in the Militia 



or now deny the Parliament fuch a power over the Militia^ they defired for a time- 
or why in point of Honour or Juftice, their Bill for fetling the Militia in fafe un- 
der hands, in fuch perfons as both fides may well confide in, lliotild now be reject- 
ed, being for the Kings, Kingdomes* and Parliaments peace and fecurity. much 
ictfe, why a bloody inteitine Warre fhould be railed or continued, upon fuch an un- 
confiderable point on his Majeities part: who feeing he cannot manage the Militia 
in proper perfon in all Counties, but onely by SuMitutes ; hath ferre morecaufc to 
accept of fuch perfons of Honour and quality as his Parliament mail nominate (in 
whom himfelfe and his w hole Kingdome in thele times of Warre and danger may 
repofe confidence ) to execut? this trurt, then any whom his owne judgement alone, 
or fome private Lords or Courtiers (hall recommend, in whom the Kingdome and 
Parliament, in thefe jealous deceitfull times, dare not confide. The yeelding to 
the Parliament in this juit requeft, will remove all feares and jealouiies, reltoreour 
peace, re-gaine his Majelty the reall affections of his difcontented Subjects; the 
perlilting in the contrary courfe will but adde fuell to our flames, feares, doubts,dan« 
gers, and fru if rate all hopes, all endevours of Peace. 

From the Militia it felte, I defcend to the confequencies of its denyal], the Parlia- 
ments (eiimg upon Hu!l 5 with other Ports and Forts, the Royall Navy, Ammuni- 
tion, Armes, Revenues, and detaining them itill from his Majetty, the grand dif- 
ference now pretended, whence the prefent warre hath emerged- which theft en- 
fting coniiderations will in a great meaflire qualifie, if not altogether fatisfie. 

Firft, his Majefty and all Royaliits muft neceffarily yeeld , that the Ports,FortS, 

Navy, Ammunition, Armes,and Revenues thus feifed on by the Parliament,though 

his (i) Majeftiesin point of pofletTioroyet are not his, but the Kingdomes in point 

ofright and intereft - they being firu 1 transferred to, andplaeed on his PredecetTors 

and himfelfe by the Parliament and Kingdomo: not in right of propriety, but(*) 

ti 'See the Re- conditionally upon truft, (his Majefty being but a publike Officer) for the defence 

monfirancc of and fafety of the Realme; and though his Majefty came to them bydefcent, yet it 

bothHoufes, was but in nature of the Heire of a Feoffee in truir, for the uie and (ervice of the 

^ ov ' a * l f* % ' kingdome ; as a King in his politicke 5 not as a man or Proprietor in his natural! 

tw fefl 37*" ^P^ty 5 a s our (/) Ljw Bookes^ Termini* terminantibus refolve. Hence it hath been 

579. and Cooks °^ adjudged ; (ni) that the King can neither by his will in writing, nor by his Let- 

ilid. Fh^. Nat, ters Patents, Devife or alien the Lands, Revenues, Jewels, Ships, Forts, or Ammu- 

jf.i 1 1 .*. Cooks nition of the Crowne f unleffe it be by ver-tue of fome fpeciall («) Aft of Parliament 

I i'/ff ci- eRa kl' n § n * m to doe it by the kingdomes generall content- J and if any fuch aliena- 

41 £. c.4 tions be made, they are voyd in Law, and may be, yea have betne (0) oft refumed, 

(l)Viavc(.Com. reversed by the Parliament 3 becaufe they are not the Kings, but kingdomes,in point 

/.24 j. 221. 150 ofinteret and propriety: the Kings, but in poffefton and truit for the kingdomes 

tLfltoon L1 ^ ean d defenee.Henceitis,thatiftheKingdye, all his (/>) Ships, Amies, Animu- 

LjnlmJf.iu nicion. Jewels-, Plate, Debts to the Crowne, Moneyes, Arrerages of Rents or Sub- 

H 

(m) 35 H. 6 c. 7. Fit^.Dnife.^. I //. 5. Executors. ic8. 21 .£4. 4-5- *• 21 £.3. 39. 242.3. 42. n #4, 7. 
Fjl^. JZuare Imp, ^5. 5?. 54.-115,118, (8.9. Pfefontmeot abEfglifc iiLivcrv. cj, C r oke>l-9- f-97> ^''Au.i.j 
l#.6.c.f. (n) 2 R 2. c. 9. .CoofalX The Princes cafe 'i8'# 8.c 7. 35 WS.'cJ. \ H6x^. %i H.Z.c.2i. 
(0.) 1 H. 5. f.9. 5 1 H.6, c.7. 10X.2.M, ( p) I^£. 3. Scat, i.c.i, 5 it 2.( hjugiveSubfiajes/Tenrhs, 

Tonnage or Poundage, SecPvaft»ilTaxes;&c. 

fidies> 



The Parliaments interejl in the Militia. 



»? 



(idies,, Wards, and Rights of preferments to voyd Churches', goconcjy to hi. Suc- 
urlors, not to his Executors, (as in cafe of a common perfbn,) becaufe he en joy es 
them not as a Proprietor (as otherSubje&sdbeJ but as a Trulke onely, for the 
(g) kingdomes benefit and defence ; iSz(b)Bift>op, AbbotjDeanefMayorybrfiichHkc r \ S 
Corporations, enjoy their Lands, notintheir naturall but politltke capacities, for Co<Ae \ 
the ufe and in the right of their Churches, Houfes j Corporations, not their ownc. bi+E-i.c i 
Upon this ground (/') King Harold pleaded his Oath and promi/c of the Crowne ,Q *- - ■*■•*« 
ofi to William the Conquerour, and(^J lUngP&i/;/, with all the i\( b!es : / : '"* 

of France, and ourowne Parliament (40 E. ;. rot. Par!, nu. 8. ) unanimoufly re- q U f .bey 
fblvcd, King John bis resignation and grant of the Crowne and Kingdome of £W- Deanc&'chaD 
iincly to the Pope, without the Nobles and Parliaments contents, to be a meere 'aWbn, 
nullity, voyd in Law, binding neither King nor Subjeft • the Crowne and poilef- W s r c edp.x\ 9 
lions of it, being not the Kings but kingdomes. ™j*ttb.p4rkp 2 

And before this, * Anno Vom. 1 245. in the great Cotincell ofLjow/i under Pope / /// ^ 
Innocent, to which King He?rrj the third, fent foureEarles and Barons,together with Crakentborpe of 
the Engtij]> Prelates, and one Matter William Powyk^ an Advocate, to complaineof r ^Pope$rem- 
the Popes exactions in theCouncell,which they did- where they likewife openly pro- p , ora " Mor ^ r - 
telted againit the annuall tribute extorted by the Pope, by grant from King John 7e*£' x l 2 ' ro 
(whole dcteitable Charter granting that annuall tribute, was reported to be burnt *&aKWei*f' 
to allies in the Popes clofet, by a cafuall fire during this Cotincell) as a meere nullity, j 24 s p.i$ i.to 
and that in the behalfc of the whole kingdonie of England; EO QJ-IOD D£ l 97* Ui'iheb 
REGNI A S S E N S U NON P R O C E S S E R A T, becaufe the king- W'i- - 
domeconfentcd not thereto ; and becaufe the King himfelfe could make no filch P 60 -***^?*?* 
Charter to ch arge the kingdome. Which Matthew Paris thus exprefleth. W. Ve V 6 * 6 ' 
Porreric Anglican* Vn'wer fit Otis Procurator afiurgens y gravamina Eegni An^'i* ex parte 
univerfitatis AngHa^propmevs fat it elegant er ^conquefins efi graziter, quod tempore Belli 
'i/'iam Romananiy extortnm tji trihntum injur iofe 9 in quod nunquam patrej Kohilium 
rigni) zclipfi cmfinfrunt, nee content iunt y ncque infuturum confmtient^unde fibi p t twit in- 
Uitiamexhiheri cum r< medio. AdqudP apa necoculos ekvans, nee zocem, zerlitm hon 
refpvidit. 

Upon this reafon (/) MatthewVaris ipeaking of King Henry the third his mor- 
gaging his kingdome to thePopc^ww 1251. for fuch monies as he flioufd expend *■#/?•/>. 8*3, 
in the Warres : ufeth this expreffion. 'Rex fee m quam de:er>:t y ntt expediret,Se,fuumque 
Return, ftb p.ena exbtredatiomi , Qll O D TAMEN E A C E R E N E C 

P O T U I T NEC D E B II I T, V amino Papa obligavit. Hence King Edward 
the third, having the Title of the King and Crowne of Fra?icc devolved to him, 
which made lbme of the Cngliih fearc, that they frould be put in fufcjeftfon to the 
Realmc of *Vj//l\, againfttheLaw 3 the Parliament in the 14. yeare of his Reigne 
Stat. a. pa{Ted a fpeciall Aft, declaring 5 That the Realme of England never was,' 
nor ought to be in fobje&ion . nor in the obeyfanee of the Kings of France, nor of the 
Realme of F™.'a*: and enafting- that the King of England or his Hcire?, by colour 
t>f his or their Titles to the Crowne, Seale, Armes, and Title of the King oiFrance 
'hould-notinany time to come put the Realme of EngUnd, or people of the fame, 
tfwhate 4 ate or conditio, for ver the; ; be,in fubjeftion o: obej lance, of him, nor 
lis Heires nor his Sttccenors, a , 1 ings otFrdnce, noi be fuDjeftj nor obedient, but 
hall be free and quite pf all manner fu j fti > andobeyfancc is they wereivuntto 

B 3 hfQ 



. 1 1 ■ I I ■ - " — " 1 

14 The Parliaments interefi in the Militia. 



be iiuhe time of his Progenitors, Kings of England for ever. By the Statute of 10 
21.2. ci. it is refolved, That the King could notalienthe Land,Caftles, Ships, Re- 
venues, Jewels, and Goods of the Crowne; and a Commiffion is thereby granted 
to inquire of>and relume all iiich alienations as illegal!. Hence the Commons in the 
Parliament of 16 K. 2. c.5 . of ? nemunir e^in their Petition to the King, and the whole 
Parliament in and by that Law, declared; That the Crowne and Kingdome of 
England, hath beene fo free at all times,thas it hath been in fubje&ion to no Pvealm-, 
but immediately fubjeft to God, and to none other 5 which (by the proiecutian of 
fuites in the Court of Rome for Benefices, provided againft by this Ad:) (houjdin 
all things touching the Regality thereof, be fubmitted to the Bifnop of Rorney and 
the Lawes and Statutes of the Realme be by him defeated and frultrated at his will, 
to thedeltru&ionoftheKing, his Sovereignty, Crowne and Regality, andofali 
his Realme ; in defence whereof in all points,they would live and dye. 

Hence the Kings of England have alwayes fetled, entailed, and difpoied of the fuc- 
ceflion and Pvevenues of the Crowne by fpeciall Afts of Parliament, and content of 
the whole Realme, becaufe the whole kingdome hath an interett therein, without 
whofe concurring afletit in Parliament, they had no power to difpofe thereof: as 
the Statutes of 2 1 R.2.<v£. 7H4.C.2. 25 H. 8.^.22. 26 H.8.C.1 3. 28 H. 8. c.y. 35 H. 
8. c. I. I Mar.c.1. and Par 1.2. c. 1,2. I Eliz. c. 3. 13 Eliz. c.I.l Jac. c. l.Hah Cbron. 
f.10.15. 1 H.4. Speeds Hift.p. 76$. 928. to 932. Daniels hift. p. 122.i5Syi39.1hun- 
dantly manifeit, and Cookg I. 8. the Princes cafe. 

Hence in the Parliament Roll of 1 H.6. Num. 18. The I a ft Will and Teftament 

of deceafed Henry the fifth, and the Legacies therein bequeathed of 40000. Markes 

in Goods, Chattels, Jewels, Money es for payment of the Kings debts, are ratified by 

the Lords, Commons, and Protectors concurring aiTentsbyan Aft of Parliament, 

as being otherwise invalid to bindethe King or Kingdome. And 'Num. 40. Queene 

Katherinej Dower of 40000. Scutes per Annum, concluded on by Articles upon her 

Marriage, and by a Parliament held the fecond of May in the 9. yeare of King 'Hen- 

ry the fifth, well approved, authorized and accepted, which Articles that King then 

■ iwore unto, and the three Eftates of the Realme ofEngland,to wit, the Prelates^Nb- 

bles, and Commons of England, in that Parliament, and everyone of them, for 

them,their Heires and SuccefTors, promifed well and truly to obferve and fulfill for 

ever, as much as to them and every of them appertained : Was after her Husbands 

death, upon her petition, by afpeciall Patent made by this Infant King her Soni 

WITH THE ASSENT OF THE LORDS SPIRITHALL 

AND TEMPORALL, AND COMMONS OF ENGLAND, 

IN THAT PRESENT PARLIAMENT ASSEMBLED, 

Ailigned, (etled,and confirmed, out of the Crowne Lands therein fpecified: elfc it had 

not beene binding to the Succehor King or Realme: the Crowne Lands being the 

Kings but onely in the kingdornes right ; whence all our Queenes Dowers and Joyn- 

tures have uftally beene fetled and confirmed in and by Parliaments, (whereas any 

other man may endow or make his Wife a good Joynture, without the Parliaments 

alTent or privity j) And in * 2 E^.the Queene Dowagers great Joynture(which tooke 

,.™W^> up three parts of the Kings Revenues ) by common confentina Parliament, held 

y />. 1 zo at Nottingham, was all taken from her, (becaufe not duely fetled by Parliament, and 

if 6fc8. too exceffive,to the Kings and kingdornes prejudice) and ihe put toapeniion of 

iczsJ'.per arm/iWydunng her life. A/id 



The Parliaments inter efl in the Milicia. 1 5 

id by the Statute oflH. 6. <y$, it iscxprefTLIy refolvcd, That King U nry the 
ifth c oiild not alien or pledge the ancient Jewels or Goods o(thpCrowiiC) to mainr 
ajrie his Wanes, widiout alpeciaU AftofParllanicntjandifbedid, thofetowhonj 

1 nicd or fold them, were itill accountable to the Crpwne tor them, and tl 
acionvoyd; whence, the carrying otthc Jewels, TVeafiire, and Plate of the 
ringdome over Sea into rrc/^W without aflent of the Nobility and Parliament, was 
oneof the (m)Artic!a objected agablft Richard the fecond in Parliament, when he (m)Gr«f,p A oi 
Lvas depofrd ; the fewels and Crownc Lands being not the Kings in right of pro- (n) 1 H.j c 9. 
pcrty and interelt, but the kingdomes oncly ; and lb all alienations of them with- l° &« 2 - c - 1 - 

the Parliaments condmvoyd, and ufually («) 1 cfumed by the Parliament- wit- jffi***£ 
ncfle the notable Aft of K< fiumption in 8 H. 6. and 3 1 I7.6.J. 7. ofalJ the Kings grants ~«8. $p^ mi97 
of any Honpurs,Caftles, Townes, Villages, Manors, Lands,Rents, Pveveriions,An- Dtnlett hift.pa. 
nuitics &c. from tl>c hrllyeare of his Pveigne till then, with divers other precedents 7 s >79> 8 °>t*i 
in the Margin, in King Stevens^ Richard the firhSand Henry the 2 Sc 3. their Reignes. 
Thcfe refolutions of our Common and Statute Law, are feconded by many for- 
raigne Civilians, as Bald m in Yrocm. de Fcud.n.^. 33. Amine in Rubric. Lucm dt Yen- 
71.1. Cod. dc omni agru deferto.l, §htiamquef, 1 84,185 . Albcrkw de Rofate : Quodcunqut. 
ripJxm a ZemmtJi.^/. ;.i.4.2****f Epa?i.Hfroic.qttcft. qiir^.n. 4.3. 9*5. ??. \9- 2 7- 
24. Vidaem Cavarm iwJYratiicqu. c % 4. n. i.Martinus Laudenfif 3 de Confix d. Tra&.i. 
an. 13. Joan. Andreas, in cap. dikch de ALiior/s* OUd. Francifcus V argot de Author. Yon- (0) 7 E 417 . 
tir. Axiom.i.n.i. Concilium Toletamtm 8. SuriUf Condi Tom. 2. p. 865, 866. with fun- pwvflfc-lSj. 
dry others (many of whole words you may readc in Doctor Crahgpbarps defence of /Jysce r)]u' 
Confiantine 9 p.i6pito 175 J w ho affirme 5 That the Emperour or any other King can- \(\ v: i\ f^rog. 
not give away any Townes or Territories belonging to their Empire or Kingdomes, Regis r.9. 10. 
contrary to theirOathes and Trults,they being the Kingdomes not theirs in right. $2Jf$.c46. 
Whence they conclude, Conftant'mes pretended Donation of Rome, and Italy to the *'. ';'//" - : 
Pope^meere Nullity. It is true, (0) our Law-books foy^That the King cannot be lz ^t 7 . 
fciled of lands to any private Subjects ufe.by way of feofment, bicaufe it itands not (q) jH*a. 17, 



with his honour to be any private man tcorlee.becaufcno Sttbpenallcth to force him b.*i&3.fiif 




3- 

is voyd in 1 aw, and (hall be repealed, as hath beene frequently judged • becaule he r.i. i.H $.c 9. 

poffefleth thefe lands not in his owne, but others rights. So the King hath his 5'i.H.6x.7J 

Oownc Lands, revenues, Forts,Ships, Ammunition, Wards, Efcheatcs, not in his ,£#"f"** C ' 

3wne but the kingdomes right, (r) for its defence and benefit- and though he can- 1 e.O.c.^. 

lot ftand ieifed to a private mans ufc, yet he may and doth Hand feifed of the pre- Mang c, i 8. 

1 nifcs to his whole kingdomes ufc, towhomheis but a publike fervant, notonely ' E.a^.*o, 

' n Law but Divinity too-, I Sam.$.2o. 2 Saw. 5.12. Ifa* 49. 25. Pja!.r%. 72^ 73, 74. ■ l dC ' c - **• 

Secondly, All the Ships Ammunition, Amies the Parliament hath feifed, were racrr. 

! inrchafed not with the Kings, but Kingdomes monies, for the defence andfervice (t)Amo.i6*9 

:[ >fcheKingdomc, astheSubUdy Eilsand(j) Afts for Tannage and Poundage, the ^ 4 ** 

;t Cings owne (t) Declaration, and (*) Writs for Shipmony atteth If then the repre- £'/ {1^1^. 

entative Body of the kingdomc, to prevent the arrivall of iorraine Forces, and that n . tn ^p. y, 

ivill wane they then forefaw was like to enfue(and hath experimentally lince fallen to 6, 

out 



1 6 the Parliaments intereft in the Militia. 



out even beyond their feares,and overfpread the whole kingdome, to which it threa- 
tens ruine 5 ) hath fcifed, fequeftrcd the kingdomes Ports, Forts, Navy, Ammuniti- 
on into trufty hands for the Kings and Kingdomes ufe, to no other end, but that 
they ihould not be imployed againthhe King and Parliament by his Majeities Malig- 
nant Counfellors, and outragious plundering Cavaliers, what indifferent fober 
(at) Speeds Hi. man can juftly tax them for it? (*) ghteenc Elizabeth {and the (ji) State of England 
^'} ll r' 11 }?' heretofore') during the Warns with Spline, inhibited the Haunfetownes >and other for aine 
Elizabeth \n Merchants (over whom (he had no jurifHi&ion) to tranfyort any mater ia's for Wane 
i6oi.p.205./o through the narrow Seas to Spaine (though their ufuall Merchandize to thofe parts,and 
209. the Sea, 4* they (z) aUeadged, was free, for feare they Jlsottld be turned again ft our Kingdome , 

0) 1$ H- °* c. an d a fi er notice given ,m ad e them prift) for any of her Subjects to feife on. And it it the com-' 
's'eM s M ^re mon P°'* c y f ^ day, and anciently of all States wh ttfoever, to feife on allprovifions of Warre 9 
Claufum. ^ nt <*MpajJing by way of Merchandize omly towards their enemies , though they have no right 

(\) See Ma- or propertie in them (and to grant Utters of Mart to feife them > as we have (a) ufuaUy done. ) 
Iter Seldens which they plead they may juftly doe, by the Law of Nature, of Nations, to prevent their 
d C p C * Uh owm deftruclion. Much more then may the Houfes of Parliament, after the fodaine 
anfwer there- eruption of that horrid Popifh rebellion in Ireland, and the feares of a like inteftine 
ro, mdOrctiui warre from the Malignant Popifh Prelatica!! party in England, expecting Forces, 
his Mare lite- Supplies of mony and ammunition fromforaine parts, feife upon Hull, other Ports, 
?lTi4 8 the Navy and Ammunition (the Kingdomes proper goods, provided onelyforits de- 
2R2.C 4 7> ^ ence in f licn times as there J when his Majefty refufed to put them into fuch hands 
27£.5.c.i*7. as the kingdome and they might juftly confide in, and the contrary Malignant fa- 
2 H. 5^.6.4 fi^ &ion plotted to get pofTefTion of them to ruineLawes, Liberties, Religion, Parlia- 
j.r,7i8^.6. menr, Kingdome : And what mifchiefe thinke you would thefe have long fince 
C \ 9 ±E c r ^ one t0 P arnament anc * Subjects, had they firft gotten them, who have already 
Speeds Hjft.p. Wrought To much mifchiefe without them, by the Kings ownc encouragement and 
\\g%.Manirm command? Doubtlefle the Parliament being the fupreamc power, now fpecially 
Laudenfisde met together and intrufted by the Subjects, to provide for the kingdomes fafety, 
j^l £*£ had forfeited not onely their difcretion, but truft, and betiayed both themfelves, 
c % x%a. tne * r P r iv^ e ^? es 3 tne Subjects Liberties, Religion, Countrey, Kingdome 5 and not 
c,2. onely their friends, but enemies would have taxed them of infidelity, fimpjicity, 

(thatl fay not defperate folly) had they not (eifed what theydid, in the feaior 
when they did it 1 which though fomeat firft, imputed onely to their over-much 
jealouiie, yet time hath fince fufficiently difcovered, that it was onely upon fubftan 
tiall reafons of true Chrjftian Policy. Had the Cavaliers and Papifts (now ii 
armes) gotten firit pofTellion of them, in all probability wee had loft our Liberties 
Lawes, Religion, Parliament long ere this: and thofe very perfons (as wife mei 
conceive) weredefigned to takepoilevTion of them at firft ( had they not beene pre 
Vented) wit houtreiiftance, whom his Majefty now imployes to regaine thernb; 
open warres and violence.lt is knowne to all, that his Majefty had no actuall perfo 
nail pofTefTion ofHuU,nor any extraordinary officer for him there, before Sir lob 
Hotbamfeifed it, but onely the Mahr ofibeTowne,ekdti& by the Tow T nefmen, nc 
nominated by the King; neither did Sir John enter it, by order from the Houie: 
till the King had rirft commanded the Major and Townelmen f whom he had cor 
ftantly intrufted before) to deliver Hull up to the Earle of Newcaftle, now Generally 
the Popijb Nortberne Army . The firft breach then of truft, and caufe of jealoufie pr(i 

ceedin 






The Parliaments intere/l in the Militia. 1 7 



ceedingfromthcKinghimfeliciaavcry unhappy fcafati- where the quaneU firft 
began* and who is molt bbmc-woi thy, let all men jiitlgc. hi commit my fword in 
cruftto anothers culrody tor my ownc defence, and then (care or lee that hceor 
iome others will murther me with my ownc weapon, it is neither injury nordiiloy- 
altie in me for my ownepieicrvation,tofei(emy ownc Sword till the danger be part; 
it is madneflc or tolly not to doe it, there being many ancient and late examples for 

1 1 ant it ^ I iliall iniiaucc in Come tew. By the (b) Common Law of the Land,whiles (b)\o £.3. 
Abbies and Priories remained, when we had any Warns with for aim Nat ions, it was UwfuU Pnzutyd. i. (y 
tad nfuall to fife all tin Lands, goods, poftefjions of Abbot s,oj Priors aliens 0} thofe Countries^ 4t** Lc *?• 
during the warns (though they pop fed them oncly in right of their Hwfes'} left they (hould *] * 7 /« ?' Jg* 
tontribute any ayd, intelligence , alftftance to our enemies. Yea it anciently hath bcenc, Ajf. 20. 11 H. 
and now is the common eulrome of our ownc and other kingdomes, asioonc as any 4 -i*.*.// 4 
breachesandwarres begin, after Proclamation made, to fciic and confifcate ail the *°'4#4-io. 
$hips 5 goods,and eftates of thofe countries and kingdomes with whom they begin J?'**" 4 ) "r" 1 * 
warre,as are found within their dominions for the prefenr, or (hall arrive thereaf- n'llguare 
terwardsjlert the enemies (hould be ayded by them in the Warres, (preventing Phy- Imp.Fit^. 6 Z% 
lickcbeingastawfull,asufefullin politique as naturall bodies;)which a&is warran- **.i* M9f- 
red by (c) Magna Chart a, with fundry other Statutes quoted in the Margin. And Col< >W^* : . 
though theieieifures were made by the King,in his name oncly,yet it was by autho- 4 I ow'#, 7 ** 
riry of A&s of Parliament,as the publike Mini iter of the Realme/or the kingdomes Afh.4lun.7. " 
fecuritie, and benefit rather then his owne. But to come to more pun&uall prece- ( c ) 19 £. 4. £. 
dents warranted by the fupreme Law of Salter Popxli,the onely reafon of the former. ^£"<* Cart.e. 
(d) Anno Vom,i2 14. upon the confirmation of the Great Charter and of the Forejl ?y*J*^ ,, ' A1 * 
by Ring John, it was agrced,granted and ena&ed in that Parliamentary aCTembly at * r.j.V r .z/f 
R imning-meade, that the 2 5 . Barons then ele&ed for the cmfervators of tbefe L thirties and 5 . e. 6. 4 H. j c. 
Charter s, with theCommovs of the Land, might di ft rain e and enforce the King (Jfhevio" 7-1 #.*.$. 18 
latcdtlxfe Charters, and made noredreffe thereof 'within ^O.dayesfpace after notice) by fei- ^' 6 C j*'?,% 

;V CASTLES, la7ids,poffcjjions, and other gonds^ till amends ft) ml d he made p i 2 ii 121^ 
according to their arbitration, And for more certainety, thefmre Chatelaines (or chiefe Gap- i'iio. 
tallies) <f the Caftles ^Northampton, Kenelworth, Nottingham, and Scarborough, * Cicero fa 
thonld be frvorne to obey the commandment of the 2 ( $.Bajrons,or tht major part of them in Le ^ uu 
WHATSOEVER THEY THOUGHT GOOD CONCER.^^ 
G THESE CASTLES. WhercinNONE SHOULD BE PLA- f<^&,7J' 
ZED BUT SUCH AS WOULD BE FAITHFULL and OB« Wp.*4h 
SE.RVE THEIR OATH. And upon this accord,R<*/*/fcrCaft!e and others, M4.«4f. 
•vhofecuttody, of anticnt right belonged to the hvckbiihop of Canterbury with 
>ther Caftles appertai/iin^ to the Barons, were reftored to them by the King • who brea- 
king all hi? vuwes & Charters imraediatlv aftcr,f through the Barons and peoples 
iipineneg!igence,overmuch confiding to the Kings Oathand confirmations, and 
1 nd conccke ot holding that by peace which they had recovered by violence from 
perfidious King,)inhalfe a ycares fpace recovers all the Catties againe even to the 
'orders or Scotlandby meancsof forainc Forces, and a malignant 5 deipicable,deme- 
:iefticke party, Chee having fcarcc (even Knights faithfullto him, being generally 
orlakcn ofalljand made him'cifeabfolutexVIa^cr of all England, except the Citic 
>f Lwdon, the Suburbs whereof hee burned and lacked, and ib tyrannifed over m Matthew?* 
LkSubjeflts^with fire, and Sword, pillaging them every where. * Vaftando omms **£$$*&** 



C doruoi 



■! 



1 8 The Parliaments lnterefi in the Militia 



domus, &£dificia jLaranum divijis Agminibuffuccendebat^Jpoliacum animal ibusrapieb at + 
&de rafina iniquitatir miniftros qms babebat nequijfimos faginabat.&c. fujjieitbat ad cau- 
fam mortit fimplicibw incolis 9 fi aliquid habere credebantnr, & qui nihil babtbant,fa- 
ttri habere cogtbantur ; &quinon babebat, habere ut perfoheret^ ptnvs txquifitU diftrin- 
gebatur, Vifcurrebant ficarii ctde bumana crutntati, uo&ivagi, incendiarii^ filii Belial 
fkrittis enfi.bttf, ut deferent afacit terr* y ab homine ufque ad pecus, emnia humanis ufibus 
mceffaria,edu£tijque culteUvsviUas, domw,c£miteria, eccleftas perluftrabant,omnes Jpolia- 
banty ita quidem ut nee mulkbri fexui, nee parvulorum vet decrepitorum parcerent atatu 
Et quod confumerenon valebant, incendio tradtbant, vel dijpergentes tnutik bumanis ufibuf 
nddebanu Et quos nulla nota premebant, INIAflCOS KEG IS VOC JIN- 
IE S (jiinimicifui appellandifunt, qui cum ad manfuetudmem & juftitiam manfuetam 
introduces voluerunt)'ubicunquereperiebantur, raptim trahebantur in carcerem p£nalem 9 
vinculis mancipati, & tandem adgraviffimam ceaffii redemptiunem^&c. (A true Chara- 
cter of our times,and plundering barbarous Cavaliers:) which (bfarre exafperated 
the Barons and people, that they elected another King. Eut the end for which I 
c|te this precedent is, to manifeft, that the Lords and Commons in that age,didnot 
thinke the Kings owne Charter, Promife, Pro teftations, Oathes, Proclamations, 
theBilhops and Popes folemneexcommunications,and thofe 25. new Confervators, 
^ a Sufficient (ecuritie to preferve their Lawes and Liberties againft the invafions of an, 
unconftant, wilfull & foedifVagous King,unlefie they had the Power and Command 
jof his chiefe Caftles and the Militia added to them* which wee fte through over- 
much fecuritie, and want of vigilancy,were all too little to preferve their Liberties 
againft an unconftant oppreffing Prince,whofe oaths and protections were but like 
f 7*di es l ** (0 Sampfons cords, broken all to peeces like a thread in a moment, by thofe who have 
ffMfirb Sam pf°wft ren &h. King Henry the third was no whit inferiour to his father John, 
p.940%0965. in unconftancy, and perfidioufheflc to his Subjects, with whom when he had oft 
6rafton 9 p.i$%. broken his faith and folemne oathes, thc(f) Lords and Barons (having no other 
1 5 tSpeed.p. meanes of fecuritie, left to preferve their Lawes, Liberties, kingdome from vaflal- 
» 3 ?-* r °p* a ' l*g e ar, d deftruction, or to enforce the King to keepe thofe ordinances which hee 
f 70 ro * '' 7 nac * nia de and fworne to obferve in a Parliament at Oxford but few yeares beforc(all 
MatthewWeft- which he laboured to refcinde, having procured a difpenfation of his Oath from 
minfler^Nolin- the Pope to colour his perjury;) in the yeare 1260. appointed new SherifFes and 
fhtafond Da- Gardians of Shires, discharging fuch as the King had before admitted, and ray fing ; 
pklm his life, a ftrorjg power in the Marches of Wales, fent a Letter to the King under the Seale 
of Sir Roger Clifford, be feecbing him to have in remembrance the Oath and promises he had 
made, fir the observing of the Statutes maUed at Oxford, with other Ordinances made to 
the honour of God, for faith and allegiance to hisperfon, and for the rveale and profit of bis 
Kealme 5 willing him -further to withftand and defie all fuch perfons, as will' he againft the 
faidaUs, favingthe §keene and her children. After which letter fent, and no anfwer 
to it received ; the Barons with banners difplayed, went againft fuch Malignants 
as they knew held againft thofe Acts. And firftat Hereford, they tooke the Brftiop 
and all his Chanons who were aliens borne, taking away their money and cattle, 
and p T undering their houl.es and manors. And marching towards Lmdon, much 
people flocking to them, in the! r patfage, ever as they found any that they knew to 
be ngai \ft the maintenance of the faid Acts, they imprifoned them and fpoyled their 
houfes,werethey fpiritqall or temporall men:furni(hed the cfpeeiall Fortreffes of the 

kingdome 



The Parliaments inter eft in the Militia, i p 



kincdomc with Gard'Kinsofr'thcirowiic 3 and in DIVERS OF THE KINGS 
CASTLES THEY SET IN SUCH MEN AS THEY LIKED, 
andPUT OUT SUCH AS THE KING HAD PLACED THERE 
BEFORE- and gave them an Oath, that they would be true and faithfuJI to 
the Kinfoand keepe thofc CaiUcs TO H I S U S E, and TO THEWEALE 
OF THE REALME. And when William deVakns denied with oathes 
to render up any Gallic which was given him, by the King (his brother) to keepe; 
the EarU cfLeyctfler and the reft of the Barons anfwered; tlxy would either hove his 
Caftles or bis had', which Co terrified the Poi8ovines 3 thu they left Oxford and their Ca- 
bles to the Barons, and fled Into France. Which Qg) CaiUcs when the King and (&)***' .Puk, 
Lords were accorded, together with the Catties of Dozer (Nee Regi ablatum nee vcti- w?t}m.An* ill 
tumjedtanquamclavis totiui Regni, cufiodU ' ejfet diligent tori a Baronibus deputatum) p.jo6*,joV. 
andthcCaltleof Rocbefier *nd others were readily delivered up by the Barons to 
theHLint'tfui ubique libcrum inuenit introitum, &exitumjuxtavota^ & tunc primo Rex 
tinht fcfalfis deceptionibw cicttsmventum,&Baronum fuorumfidelitate y ubiqm licit igno~ 
ranter jujfultum • and then the King rirlt found he was circumvented with fal(c re- 
ports of the Barons dilloyalty, who fo willingly reuored his Caftles to him , when 
thofe itormes were blowne over h though he made but ill u.c of it, tooke occafioa 
thence openly to recede from his Oath; whereupon they refeifed thefe Caftles for 
their fafety. About Midfommcr the Barons drawing neare to London, tent a Letter 
to the Mayor and Aldermen requiring to know of them, Whether thy would obferve 
and maintaine the Statutes made at Oxford • or not 1 or aide and ajjifl fuch perfenj as intent 
ded the breach of the fame ? and tent unto them a Copy of the faid A&s • with a pro- 
\ ill), that if there were any of them, tbatjbouldjeeme to be hurtfull to the Realme or Com- 
munrvtak of the fame, that they then by difcreet ferjons of the land fhould be altered and a- 
ided: Which Copy the Mayor bare unto the King thenar the Tower of Lon- 
^;; with the Qlieenc and other great perfons. Then the King intending to know 
themindeoftheCity, asked the Mayor, What bethought of tbofe A8j> whoabam- 
ed with that quciVion, befought the King, That he might commune with his Brethren the 
Aldermen, and tie?: hen-add declare unto him both his and their opinions. But the King 
faid> He would heare his advice without more Counfell. Then the Mayor boldly 
(aid, that before times, he with his Brethren and commonalty of the City, by bti command*- 
ment werefivorne to maintaine all A&s made to the honour of God, to the faith of the Kwg y 
and profit of the Realme j which Oath by his licenfe and mofi gracious favour they intended 
to obferve and keepe. And moreover, to avoid all occafions that might grow of grudge and va- 
riance betweene his Grace and the Barons in the City, they would avoyd all aliens and 
Grangers out of it ( as they foone after did ) if his Grace were fo ce?jtented. With 
which Anfwer the King feemed to bee pleafed, fo that the Mayor with his fa- 
vour departed, and heand the Citizens lent anfwer to the Barons, that they con- 
defcended tothofeatts, binding themfelves thereunto under the publike Scale of 
1 mdou, their Liberties alwaycsupholdcd and laved. Then the Barons entredthe 
City, and fhortly'after the King with his Qucene and other of his Counfailc, re- 
turned to WefiminQer. • * Mat. Paru,p. 
* Anno 1264. (the 43.ofH"t77r; the third) the King made his peace with thcBa- 9 $l - Dan ' hi ft* 
ron< then in Armes,upon thefe termes: That ALL THE CASTLES OF VurV!?' 
THE KING, throughout England? ihould be delivered TO THE \ £ p m 

C 2 KEEPING it*. 



zo The (parliaments interejl in the Militia 



KEEPING OF THE BARONS: the Provifons of Oxford be inviolably 
objerved > y and aU &tr*n*ers by a ccrtainc time avoyded the hjngdome, except f/u b as by a aene- 
rail confetit, fhotild be held fahbfid and profhMe fir the fame: Whereupon the Barons 
tooke pofleifion of molt of the Caftles by agreement, or violence where they found 
refiftance,as they did in many places. And by the C ONSEN Tof THE KING 
and BARONS^ Sir Hugh le Spenjer was made Chiefe Juitice and keeper of the 
Tower. This done at London ; the Barons departed to W'vidfor to fee the guidin<* oi 
thatCaftle, where they put out thofe aliens, xvhom Sir Edward the Kings Sonne 
had before put in, and put other Officers in their places '• fpoyling them of fuch 
goodsasthey had. \V ho complaining thereof to the King, he put them off for 
that feafon. After which they fe-feifed Dover Cafle, and made Richard de Gray, a 
valiant and faithfull man, Conftable of it; whofcarchingaJi paflengers that came 
thither, very ftriftly, found irreat Itore of Treafure, which was to be fecretlv con- 
veyed to the Poift wines, which he feifed,and it was imploy ed by the Barons appoint- 
ment, upon the profitable ufes of the Realme. The y eare folio wing,the Commons 
of London chofe Thomas F it z-T homos for their Mayor, and without confent of the 
Aldermen, fware him at the Gnild-baH, without prefenting him the next day to the 
King or Barons of the Exchequer. For which the King was grkvoufly disconten- 
ted ; and being advertifed that the Citizens tooke part with the Barons, caufed his 
Sonne Edwardto take the Caftle oWwfor by a traine • to which the King and Lords 
of his party repaired. And the other Lords and Knights with great Forces drew 
towards London y but by mediation of friends, there was a peace concluded, and 
the differences were referred to thzFretzcb King to end .Who giving ex preffefentence 
- that all the A&s of ^^/m/, mould from thenceforth be utterly forborne and an- 
nulled t 

The Barons difcontented with this partial! fentence, departed into the Marches 
of 'Wales ; where railing Forces, they feifed on many Townes and Catties of tl^e 
Kings, and Prince Edward going againft them,was fore dittrcfled and almoft taken. 
Hereupon to end thefe differences,a new Parliament was appointed at Oxford^ which 
tooke no effeft, Becaufe when the King hadyeelded the Statutes of Oxford f:ouldfl and, the 
Nota. Queenewas utterly againfi it ; whofe oppofition in this point being knowne to the 

Londoners, the bafer fort of peoplewere fo enraged, that (he being to (hoot the Bridge 
' from the Tower, towards Winfor, they with darts, itones, and villanous words, 
forced her to returne. After which, ; the Lords fending a Letter to the King, to be- 
feech him not to beleeve the ill reports of fome evill Counfellors about him, touch- 
ing their loyaky and honeft intentions^ wereanfwered with two Letters of defi- 
ance. Upon which enfued the bloody battle oi Lewis in Sujfex, in which the Kin^ 
and his Sonne, with 25. Baron? ?.nd Baronct?,wcrc taken prifoners, &. twenty thou- 
fand of the Commons ilaine. Richard. King of Rom z?;/,the Kings Brother was like- 
wife taken prifoner in this Battle, (7/) who a little before comming over into E;;t- 
(h) M&t.Tartiy [ a nd \v\ih fome Forces to ayde his Broth. r, the Barons hearing thereof caufed all 
*p l 6\V*' S *' trj eShips and Galliesof theCinqueports and other places to meet together armed, 
to refill: him by Sea, and fenthorle and footto.withliand nimby Land if he arrived: 
Which Richard having .intelligence oi, disbanded his Forces; and lent word to the 
Barons, that he would take an Oath to obfervc the Articles and Statutes made at 
Cxvjford : whereupon he was permitted to land at Psw with a final] Traine, whi- 
ther 



The Parliaments intereft in the Militia, 



thcr King Henry went to meet him. hnt the Barons would not fuffer thk Jtingfm any oj 
frame to enter int Dover C aft le, becaufi he hid not t.dpi his Oath to obferve the fort- 
fsidStiattes ; no+yetthe King ^/'England tdgxint* it ffbr feare of fuipriiaJ] ) becaufi 
itirji the principall Bulwark of England j fine Barons then having both it and all the 
Cinqueports in their Cuilody to (ecurc the kingdoms from danger) Neither would 
they permit King Richard to goc on towards London, till he had taken the Oath 
* forcmentioned. Afar this battle all theprifoncrs were -lent to icvcralJ prifons, 

pt the two Kings and Prince Edward^ whom the Barons brought with them to *" '•* .• 
London • where a new Grant wot made $y the Kingjtbdt the [aid Statutes fl?ou!d Sand in 
jlren^th : and if any were thought unreasonable, they to he ami tided by fimre Noblemen of the 
Realnte: and if they could not agreejlxh the Earl* bj ' Anpon,and Duke tfBurgoin to he Jud- 
ges of the matter : And this to beiirmelj holdeh and obeyed by both the Kings • \\ ho granted 
that both their Sonnes and Heires ihould remainc as Prifoners, and Hcftagcs with 
the Barons, till al! things were rmitl.cd according to this agreement. Upon which 
a Peace was proclaimed in London bctweenc theKingand his Barons. Then it was 
agreed by the King, that for hit more furetyand the weak of the Laid, the Earte of Ley* 
r fhonld be repent in his Court • Upon which agreement, many ot the Prifcneni 
were let at large. In the meanc while, before the battaile of Lewis, the Q^ecne and 
King of Romans, had fcnt over-fea for Souldiers, toaydethe King agairilt the Ba* 
rons, which now were come in great number unto Dover, and there hovered on the* 
Sea to have landed. Whereof the Barons hearing, they fent the King ok Romans 
rifoncr to Batfyamfled, until] the fud Almaines were returned, and caufed King 
v with a great power to ride to Dover, and force the faid Holt of ftrangers to re- 
tut ne unto theirCountrics. After which by the couniell of the Lords,- a Parlia- 
ment was agreed and held at Wefmlifier, wherein a general] Pardon was granted 
10 all the I -ords and their adherent?, for any matter of difplca Hire done to the King 
or his Sonne Prince "Edward before that day ; which to uphold, the King and he 
• ne O.tth before the Lords 5 and it was further agreed. That the Prince 
ild reticle in the Kings Court, and not departthence without licenfeof the King 
and ofecrrainc Barons. Then were ma ny initramerii s and bonds brack by the Kin:; 
and Prince, for the performance of fun dry Covenants bttweene the King and I 
rons; which (bortly after tooke final! erfecf, and begat new warres* this King-, 
frefb breaches otOathcs, and promifes, procuring him alwayes n:w infurre&i 
reed Parliaments, which the Barons contained him to call and hofd,aga 
his will. Hcrw the Lords and -Parliament oft fci fed hpon the Ca,l'es, Forts, 1 Ann 
munition in King Edwar /thcfecond,and ■• i the ieconds Rcignes, "when diffe- 
rences grew betweene them, I h aye already in part rcmembred, and you may peadi 

due in the Hiltcries of their lives-. In (1) the 53. yea re of King Lknry the iixth p) 
his Reigne, the valiant Earle ofWafwicbfr was mule Captaine o" C tli e by the Pa j- An - *J« 19 H 6. 
lurnent; a place ofgreat honour and trull in thofed.-yes: by vcrtuc whereof, all '-o 1 , 6 ;';, 
:hc warlike a'faircs and bn'.inefTe, re.red principally in the Earle of f%arwic&£ : After ch 
.vhich the Qucenc ( anambitioiWirringWoman)to breake the peace newly made />. 400. 404. 
ind ratified by oath, betwecne the King, Lords, and Duke of Tcrke, fcrcated Lord- Grafionp.6%* , 
Vote&or by the Pari i amen t)cau r ed a fray to be made on the Earlcs men, which pro- ?*/*£'• Spec, 
Uiced a warre and bloody battle,wherein the Earle gained the field. f^ 7 v *^ 

Whereupon the Kh^difpleafedv/ith tl>e Earle, by lii s Letters Patents, granted r^^S/t 

C 3 the 



11 



The Parliaments inter eft inthe Militia* 



j 41. 21.E.4- 
35./). Bur. 201. 
Br.Fit^.lm- 
prifonmenr, 
6.12. Si Hi ft. 
3 . Compto de 
Pace J 97 98. 
115,114.132. 
IC.J8.7R.Z. 
c6.11 H.4C 
72.//.5.C.6.8. 
jR.2 c.5. 17 
K.2.c8.l^tf. 

5 £.6.c. 5 . 
I Jtf<*r/< c 1 2. 
(l)LivuHift. 
1. 1. 2.4- Peljbi- 
WyUift.l. 6. 
Dionyf.Hal.l. 
2. c. z.Bodim 
Common wcalc 
/.i.r.io /.f. 
See rhe Ap- 
pendix. 
(m)Po!it.?.l- 
c.\ 1. 

& Regis In flit. 

/...r.8, 9 . 

*R'din-Com- 

c.f. 

* Ar ragmen* 
fium Remm 
Co'wrcntar.p. 
5^8,5897^ 



the Captainfhip oiCaleyej to jWa D//^e 0/ Summer/at ; who going over to Caleyej y 
in the 38. yeareofKin^Hcwy, to take paffeffion of his place ; (hewed his Patent 
totheEarle, who refilled to refigne his place, anfwering, that be w a put into it by 
the Parliament^ and Jo could not be outcd of it but by Parliament • and kept the Duke forth 
of the Towne -, who being thus expelled from his office, after fome skirmifhes with 
theEarlesGarrhon, ("wherein the Duke had the worft) hee fentover to the King 
and Queene for ayde, .in defence of this quarrell 5 whereupon they provided 400. 
warlikeperfonsto pafle the Seas for his ayde, and (hips to transport them: who 
lyingat^Wn?ic/7fora winde; theEarleof Warwick^ being therewith acquainted, 
(ent JohnVingham a valiant Efquire, with a fmall number of men, but a multitude 
of couragious hearts to Sandwkh 5 who fuddainly entred the fame, tooke the Lord 
Riven and his Sonne (who commanded thofe SouldiersJ in their beds, pillaged 
fome houfes and (hips, and belides this, tooke iheprincipall flnps of tbe Kings Navy then 
lying at the Port well formfeed with ordnance a?id artillery (t\\ rough the favour of the 
Mariners, who favoured the Earlemoft) and brought tbe royaUfeips loaden with booty 
andprifonerstoCaleyes 3 With thefe fhips theEarle after parted to the Duke of Tork 
into Ireland, and afterwards into England, where the Duke of Torke in full Parlia- 
ment laid claime to the Crowne, which his Sonne after obtained, depofing King 
Henry, as having no lawfull Title thereunto. I recite not this Story to jultifieall 
particulars of it, but onely to prove. That the Parliament in thofe times, had the 
conferring of Captaines places of great eft trult, who had the command of the Mi- 
litia ; and that, as this Earle in policy onely,tor his owne (afety,feiied on the Kings 
royall flaps, and Ammunition, in which he had no right • fo by the fame reafon, 
the Parliament may difpofe of fuch places of Military truit in theie times of dan- 
ger, and of the Navy and Ammunition of the kingdome, in which they havea re- 
all intereft, for the kingdomes fafety and their owne. (l^J A Sheriff:, Juftice,Con- 
liable, and other Officers, by the Common and Statute Law oj the hand, may and tught 
to difarme a?idfeife any mans weapons whatsoever, and imprifon his perfonfor a time,when by 
aU,or apparent intention onely,hefe>aU but difturbe the peace, or make^any Fray, Rout, or Ri- 
ot, to the annoy aiice of the peop 'e, till the tumult and danger be paft, and tbe peace fecured m 
Much more then may the highert Soveraigne Court of Parliament, feife the Forts, 
Armes, Navy, Ammunition of the Pvcalme, (in which they have reall intereft) and 
fecure them for a (eafonj to preserve the whole kingdomes Peacc,and prevent a chill 
Warre, without any injury to his Majeity, till all feares of warrc and danger be re- 
moved. Not to trouble you long with forraine hiftories of this Nature; in the Ro- 
man ft ate the (/) chiefs power of making warre or peace , of ordering of the Militia and difpo- 
fingoftbecuftody of "Ca f Its, Forts, Ammunition was in the Senate and people, not the King 
or "Emperour ; as it U in Germany, and mo ft forra'me States and kingdomes, at this day- 
without any diminution to thofe Kings and Princes juft prerogatives. It is the determina- 
tion of the prime Politician Q?i)Ariftotk(Cccondcd by (n) John Mariana and others^ 
that in lawfuH kingdoms the chief e ft rength & power of the Militia ought to reftde in the king- 
domes binds ^ not Kings, who ought to have onely fucb d~ moderal: power and guard of men 
as miyfuffice tofuppreffe riots 5 andmaintame the Authority of the Lawes^ but not fi grea, 
a force as may mafter all his kingdome, * left he become a tyrants and his Subjects Jlaves 
In the kingdome ofArragon in Spaine (as I read in * Hieronymus Blanca) this is ; 
fun J. mcnta'1 antient Law, (nude about theyeare ofChrirtS-p.by their Superbienj 

Forum 






The Parliaments interefl in the Militia. 



*5 




? be invade their Lawes or Liberties • as netneremanircitsat larg( 
ftary the great Palatine of Hungary, the greateft officer of that kingdome, and tbe 
KiniiJ lieutenant General} , who commands t/je Militia of that Kealme , is chofen by 
the Parliament and Elates oftbat country, not the King. It was provided by the 
Lawes of the * JEtolians, that nothing (ho u Id be entreated of C ONCE R- 



Vornm now commonly (Hied, Juflitia Arrogoni* during the Interregnum, to pre- 
serve their Countries Liberties, to keepe their Kings power within due bounds of 
ioyaltie,& prevent a tyranny,with divers others of this nature,which their Kings fo- 
lemnlv fweare toob(crve,bcfore they are crowned :Jthe words of the Law are thcfe> 
The Kin? (ball tak^ beed tbat be neitber nndertah^ warre, nor conclude peace, nor makp truce, 
nor bandit any thing of great moment, but by tbe advife and conftnt of the Elders : to wit, the 
IttQitia Arraton'uc , the Handing Parliament of that kingdome, which bath power over 
and above tbe K'mg. And at this day fas thefamc * Author writes) their Kici-homines, ¥ ^ 
(or fclefted Pecres appointed by that kingdome,not the King) have all tlx charges and ¥f[ T 'u% \n 

' fum- 
Impcrium 
am lerum 
bcllictiwnad- 
mimjiraticntm 
cbtinet^foc. 
* Nichtlam 
Whiar.fw de 

NING PEACE OR W ARRE, but in their Pan£t olio, or great generall Conncell HifiJ^Jal[\ 
of flat e ; in which all Ambajfadors were beard and anfwered ; as tbey were lil^exvife in tbe 85. Bedim 
Roman Seriate. And* Charles the fifth of France, having a purpofe to drive all the Commtnwcale^ 
Englijhmen outot'France and Jquitain, affembled a generall aifembly of the eftates / ^-- 1 °/ > - 
in a Parliament at Paris, by their advife andwifedome H amend what by hivifelfe bad not * Jj R ^ m 
beene wifely done or confidered of, andfo undertook^ tbat warre with the counfell and good li- JfiftJ.* i.jf, 
ki n R tf/ffo Nubilitie andpeople whofe btlpe be w& to life therein : which warre being in and BediK.Csm- 
by that Conncell decreed, profpered in bis ba?id- y andtookegood Jucceffe as Bodin notes; be- m - nw ^^i* 
caufe nothing giveth greater credit and authority to any publikm un 'dt /takings of a Prince and iL^ n \^A 
people in any State or Commonweale % then to have them pafje and ratified by publike advife 
and eonfent. 

Tea the great Confiable of France,n'hj bath tbe government ofth Kings Sword,tbe Army, and 
Militia of France ^ai anciently chofn by tbe gnat CounceU of tie three Eftaiej and Parliament 
§ftbat hjngdomt ; as is manifest by their ele&ion ok Arthur Duke ofBrhaine to tbat office, 
Anno\^2^. before which. Anno 1 25 3. they elected the * Eaile of Leycefler a valiant 
Souldicr and experienced wife man, to be the grand Senefball of France, adconfulemhtm 
regno defol at 0, &mnltum defperato, quiaJlwuM Unt &tideli* 5 which office he refuted, 
leithe (nouldfeemeaTraytourto Henry the third ot England, under whom he had 
becne govemour oiGafcoignc^ which place he gave over for want of pay. In briefe, 
the late examples of the (0) Proteflant Princes in CJtrmany^France^Bcbemia^th Lo:v coun- 
tries, and of our brethren in Scotland within foure yeares lait, who feifed all the 
' Kings Forts, Ports, ArmeSjAmmunition, Revenues in Scotland, andforne Townes <fan/.8.i8.r_. 
[ 'in England to preserve their Lawes, Liberties, Religion, Eftates, and Country G ' vn $ cn lm ' 
\ from deftru&ion, by common eonfent, (without any Ordinance of both Houfes flx^u////^' 
1 in their Parliament) will both excufe, and jultifie all the A&s of this nature, done wAferdimdm 
' by exprcfie Ordinances of this Parliament; which being the Soverai^ne higheft thefecond, 
' power in the Realme, intrufted with the kingdomes fafety ; may put the Ports,Foits, 
Navy, Ammunition (which the King himfelfe cannot manage in perfon, but by fub- 



Bcdins Il-id. 



* Matthew TV 
ru hijt.Angut: 



(o)Dimtbi 
fiiftoi u^'pe- 



\ ftitutes) into fuch under Oficers hands, as (hall both prcferve and rightly imploy 
I them for theKing and kingdomes lafety, and eleS theComnwnders of the Mi" 



ltia 
according 



24 



The Parliaments tut er eft in the Militia. 



* l*mb&rj, 

Archaionf. 
1 1 5 Dc Here* 
tacBm. 






*See Matter 
Se Liens Tit la 
<f Honour 3 p. 
6cy> 



* E&dins Can" 

*Onmj 
/>-<7i. 



according to the expreffe letter of King Edward tbe Confeffors Laws ( which our Kings 
at their Coronations weru tfill fworne to maintained wherewith I (hall in a manner 
conclude, the Legall part of the Subjects right to ek& the Commanders of the Mi- 
Iithyboth by Sea and Land. * Erant &ali<epoteftates £« dignitatis per provindas & pa- 
triot unirvirfas & per fingulos Com \t tins to:ius regni conftitut£, qui Hcretocbii apud Anglos 
vocabantur^ Scilicet, Barony NebileSj & infigms, fapientes & fideles, & animofi; Latine 
zero dicebantur Due 7 ores exercitu* • . apud G alio s,Capit ales Co?ifiabuUrii 9 vel Marafeba li 
Exerdtus. Illi vero ordinabant acies denfijjimas in prsliiSy & alas confiituebant^ prout 
decuit, & prout iis melius vifumfu it, ad Honor em Cjymj^ ET AD UTILITA- 

TEM REGNI. I/rizwwViELIGEBANTUR. PER COMMUNE 
OONCILILIM PRO COMMLINI UTILITATE REGNI,PER 
PROVINCIAS ET PATRIAS LI HI VE R S AS, ET PER SIN- 
GULOS COM IT AT LI'S (To as the King had the choyce of them in no, 
Province or Countrey., but the Parliament and people onely) inpkno Folcmote. S I- 
CLITET VICECOMITES PRO VI N CI A R LI M ET COMI- 
T A T LI U M E L E G I D E B E N T. La quod in quolibct Comitatu fit unus Here- 
tocb PERELECTIONEM ELECT LI S ad conducendum txerdtum Ccmi- 
talus jui^ juxta prtceptwn Domini Regit y ad bonorem Comi£ e^UTlLITATEM 
REGNI prtfdicli} femper cum opus adfuerit in Regno, hem qui fugiet a Domino vel 
fociofuopro tim'iditate Belli vel Mortis in conduU ione Her etocbii fin IN EXPEDITI- 
ONE NAVALI, VEL TERRESTRI (by which it is evident thefe popular 
Heretochs commanded the Militia of the Realme both by Sea and Land,and might 
execute Martial 1 Law in times otwixpc) fferdat omm quodjuum efi,& fuam ipfius vitam y 
& minus mitt at Dominus ad terram quam ei ante-: dederat. Et qui in bdlo ante Dominum 
fuum cedderit, fit hoc in terra, fit alibi, fint ei rekvationes cmdonatz • & babeant H<eredes 
ejus pecttniam & terram ejus fine aliqua dim inut ione 3 & reUe dividant inter jhhfi unanswe- 
rable evidence to fatisfie all men. 

To which I (hall onely adde that obfervation of the learned Antiquary Sir Henry 
Spelman in his * Glojfar'mm ; Title Dux, and Heret ocb ius ^(wherc he cites this Law of 
King Edrrard) That the Heretocb was Magifter Militi£, Confiabularius, Marifcallus- 
DVCTOR EXERCITVS, S 1VE KAVALIS, SIVE TERRE- 
STR 1 5; called in Saxon * Heretoga : ab Here, Exercitus, & Togen, Ducere. Elioeban- 
tnr infleno Folcmotejjoc efi, nm in illo fitb initio ca 'endarum Maii, at in alio fab capite 
Calendarum OStobris.Aderant tunc ipfi Hereiocbii, & QU j£ V O L LI E R E, I M P E- 
RAB ANT EXEQLIEND A; confvlto tarntn PROCERLIM COETLI 
ET fUDICIO TOTILIS FOLCMOTI APP ROB A NT E. Then 
he fubjoynes POPULARIS ISTA HE RETOCHIOR U M SELI DLL 
CUM ELECT! O, nofiris Saxonibus cum German is aliis .COMMUNIS FLIIT-- 
VtinBoiorum II, videos ,Tit.2. cap. I. S.i.Siquis contra Ducem fuum, -.quern Rex ordina- 
vit, in Pmvincia ilia All T POPULLI'S SIBI ELEGER/T DUCEM, 
de morte Ducvs-confiliatus fuerit, in Duels fit potefl a\e,&cHuc videtur pertinere quod apud^ 
Greg. t Turo?i. Icgas /.8. Seff. 18. Wintro Dux a Tagenfibus fit is depulfus Ducattt caruit &c* 
fedpoftedpacato populo Ducatum recepit: E igeba?itur tnim inter dumHrovinciarum Duces 
AB IPSO POPULO. In the * Roman State, the Senate, andfome times the peo- 
ple done fvvhout tbeir advifejjad power to appoint Lieutenants and Gnvemours of Provinces • 
;v/a nee tb 'v* 'Senate commanded tboj} Governours ofTrovinces whom tbeEmperour Maximinus' 

bad 



L 






The Tarliaments intere/i in the Militia. 2 ? 

tcedy and otlxrsto lh ;i ! >llit.'(fil in their roomes, rrbicb i^ ~ , 

jet per todiffofe of 'the common? reajkre 9 and publh 

I ad(b w< r< id in Scripture, Jvfyu 11.5. to 12. 

tntbe children of An I \.\/, //v.' ' Gikad rvent tn 

fitch Jepbibab out of the land of Tob, And they j aid unto Jepbtbab 9 Com* and be ourC.ip- 

tbi Childrtnof Ammm^&c, I fhthah iventrvith tic El- 

IHK PEOPLE MADE HIM HK AD and CAP- 
TAIN K OVER 111 E M : the Princts and people^ even under Kings themf elves, 
ittgtht cb'u fedifbofingpower of the Militia and denouncing aw^ as is evident by Jofl/. 
11. do 32. Jndgts 20. and 21. throughout 1 S,/>w. 1.1.38. to46.c. 29. i, to n. 
2 S.;w. 18. 2,3,4. c 19. 1. to 9. Pr^.20.i8.c24. 6. compared together. 
Andforaclofeofall, leit any ihould objjct, that no late direct precedent can bee 
duced to prove the office of the Lord Admirall, andcurlody or the Seas difpoied 
by Parliament, I ("hall conclude vvi th one punctual! precedent of many.In 2+,H.6. 
prima Pars Pat. m*. 1 6. The Kin^ grants to John Duke of Exeter, the OFFICE 

OF ADMIRALL OF ENGL AN D,IPvE LAND and AQUITAIN, 

with this fubici iption,Ptr breve de privato figiilo, AVCTORITATE P A Pv.- 
LI AM EN T I, the former Patent of this office made joyntly to him and hisfonne 
by thcKing alone, in the 14. ycare of his reigr,e,being furrendrediu the Parliament * Cc^kcs it flit. 
of?*;, and a new one granted them by its direction and authority. Yea moitofthe ^ ! ^ 7/ -/- I1 <>. 
Admiralls Patents (which anciently were not univerfall for all England, but feverall c *" ,hdt ™ Bn J' 
for fiicband Cuch parts oncly, and commenly but annuall or triennuall at molt) fi c d?Dc(criv- 
as Si; / zlman obferves in his Clojfarjj in the word Admir •alius ,where you have "on of England 

an exact KalcnJcrofalJ the Admiralls Barney with the dates of their feverall Patents r * 8 P l 1 3 anf * 
and Commiifions, arc DE AVISAMENTO ET A S S E N.S U C O N- f ™ afs of Ire '' 
S 1 1 , 1 1 .which is almoib.s ufually taken for the Kings * great Counfell, the ParUa- i*^a r J$£° 
mentj as for his privy Counfcll. And if our Kings have conriantly. difpofed of this cromptcn, 
Office by the adviie or aflent of their privy Counlell, there is more reafon and equi- Correl, 
tie they (hould doe it by the advife of their great Counlell, of which his privy MirfhewTh. 
Counfcll are but a part, and by whom they have frequently bcene elected, as I (hall s Th*' 
plentifully manifclt in the next objection, Smith Com- 

Now, whereas fomepretend, that the Parliaments feifing and detaining of the wonwealdi. 
Kings Caftles,Ports,Ships,Armes and Ammunition is High Treafon, within the / - 2 - r - I : 2 - 
Statute of 25 Ed. 3^.3. and a kvyji^ofrvarre againft the King, Objeft. 

Ianfwenfirlt; thatthc Parliament was never within the meaning, nor letter of •dnjiv. 
that, or any other Act concerning Treafons, as I have former! v proved ; the rather 
becaufetheKingis a member of it, and Co ihould commit Treafon again It him- 
felfe, which were abfurd. 

,becaufe both Honfcs are of greater authority thch the Kings (a mem- 
ber of them as they make one Court) Scfo cannot commit Treafon agaimt thelede. 

Thirdly ,the Parliament is a meere(p)Corporatia»andCwrt of 7^Mf,ancifo not capa- 
ble of the guilt of Treafon : A Tudge,Maior, or particular perfons of a Corporation < p \ 7 . m 
may be culpable oi high Treafon.aspiivjtemen, but not a Court of jultice,or Cor- f i.b " 
poration. *Wzi« 

Fourthly ,by the very Statutes of 2$ E.$.and of U 7c. 2.^3 -1 R.2.C.12.1 H. 4 n- Se #*97.v + 
2i.Pv. 2.c.?. thcParliament is the fblc Judge of all new Treafon*, * t Within the" : " 






The Parliaments Interejiin the Militia • 



very letter of thar aft 5 and if any other cafe fuppnfed Treafon, not there Jpecified, happens 
before any J u fines ^ the Jufi ia flail tarry without any going to judgement of the Treafon, tiU 
tbecattfi beefiewen and declared before the Kin* and his Parliament , whether it ought to be 
judged Treafon. And if the Parliament be the fole Judge of all Treafon s, it cannot 
'be guilty of Treafon, for then it mould be both Judge'and Dclinquent-and if fo,no 
doubt it would ever acquit it felfe of fuch a crime as High Treafon, and never give 
judgement again lUtfelfe. And no Judge or perfon elfe can arraigneor judge it, or 
the members of it, becaufeitis the higheit fovcraigne Court, over which no other 
perfon or Court whatibever hath any the leaft jurifdiftion : So that if it were capa- 
ble ofthe guilt of Treafon, yet it could not be arraigned or judged for it, having 
no fiiperiour or adequate Tribunall to arraigne it. 

Fiftly, admit it might be guilty of High Treafon in other cafes, yet it cannot be 
fb in this. For having a joynt intereft with the King in the premifes in the King- 
domes right 5 (thefo!e propriatorof them)it cannot doubtles be guilty of treachery., 
much lefle of High Treafon for taking the cuftody and poffeflion onely of that 
which is their ownc- efpecially when they bothfeife ayiddetaine it for its owne proper ufe, 
the Kingdomes feenrity and defence ; without any malicious or traytorous intention againfi 
King or kingdome. 

Secondly, I anfwer, that the feifing or detaining of thefe from the King are no 
Treafon, or levying of Wane within this Law, as is moft evident by the Statutes of 
6.Ed. 6.C.H. which exprefly diftinguifheth, the feifing and detaining ofthe Kings forts. 
Ammunition, Ships , from the levying wane againfi the Ki?ig in hi* Kealme, and by an 
exprefle new claufe, enafts this feifing and ddayning to be High Treafon from that 
time, becaufeit was no Treafon within 2 5. Ed. 3. before, which if it had bcene in 
truth, this new claufe had beene fuperfluous ; which law of King Edward being re- 
pealed by primo Mari£,RafialTreafon,20. this offence then ceafed to be Treafon : 
whereupon by a fpeciall aft of Parliament in 14 E!iz. c. 1. it was made High Treafon 
ugaine, (which had beene needled^ if it had beene a levying of wane, or Treafon 
within 2 5. E*/. 3. before. ) And that with this provifo, this A& to endure during the 
QuetnesMajefiies life that now is, ONLY 5 and fo by this Parliaments refolution, 
it is no Treafon unce her death, within 25 E^.for then this provifo had beene idle 
and repugnant too. And therefore being now no High Treafon in any perfon,car> 
not without much calumny and injury be reputed Treafon in both the Houfes of 
Parliament^uncspable of High Treafon, as the premifes denionftrate. 

In briefe, he that teifed and detained the Forts and Ships ofthe kingdome, ivhen 
it was Treafon,was not a bare Tray tor againfi the Kings perfon or Croivne onely. but 
againft the King and his Realme too,like thofe Traytors, mentioned in the fiver all fiattttes of 
II K. 2.c./\..and 2 I R.2.r..2./\. : Hefball be judged and have execution as a TRAITOR, 
and ENEMY Of THE KING and TO THE REALME: and in 
28 H. 8. c. n* HIGH TRAITORS TO. THE REALME, As the. 
Gunpouder Traytors were to the Parliament and Keaime m them, being the' 
representative Body o r theRealme: the Parliament then being the Realme reprefen-. 
tatively and authoriratively too, and fo the party againfi: whom this ^reafon 
is principally to bee committed, cannot bee a Traytor to it felfc, by the words or. 
intendment of any expired Aft which made fuch a Gifyre or detainer Treafon. And: 
therefore thofe Lawyers, who pronounce this Parliaments feifing and detaining of 
the Ports, Fort?, Navy, Armes,or Ammunition cf the Reajme to keep< t oi 

• 



The Tarliamevts intcrt(lin the Militia. ij 



(crbandsjfbr the Kings and kingdoms right lift and &fcti< 
lare thcn\&lvQ$GrtMcr Malignant^ then Artiftj in tbeii\own*$raftf) on* 
But fome body (lay Malignantsand RoyaliltsJ muft be tnifted with they]/;////*, 0Z>;'. 
p flr/ . ^4mmnniti9n\ an i who io fit to be confided in as the King himfelf., 

andthofewhom he dull appoint ? Especially fince hec and his ownc fubiikutes, 
have formerly beene hum. ted with them by the kingdome; and wee have nowfo 
many deepe Vrotcjkat'wnj^ jjajublike printed /tjj'cverations and FromiJtJ from his A4aje~ 
Jlfc, tQM.iwt.iinc ti fal'tgion^ our Lives, Liberties y Y rop.r ties, Wirt umiJits, M *£^slare 

wib their jitft ?riuik igts 5 di\d (hall we not beleeve and milt his Majefty after fq ma- p roc | airar . 
ny roy all aifu ranees, lee onded with many Acts of: grace for the publike fa fctie al- Proteftationi, 
ready palled by him in this PailiainentV efpecially the A&sagainlt Shipmomy^ and a « d P"nicd 
K \\\ uthev wjl.ivlhil Taxes -^ with the Bits for the eoniinuance oj ' this, and caUhjgof a Tri- jfa~£** 
cnuLill P ariijmint^hm this dial 1 be determined?Shall we yet bedirrident of his Maje- 
ilies iinceritie after fo many Proteitations, Promises, Imprecations; io many Pled- 
ges ot his gracious affection to his people, and fome publike acknowledgementsof 
his former milgovernmcntand invaiions on his Subjects Liberties r If all thefe War- 
i ants will not content the Parliament, and pcrfwade themtoreiigne up all the pre- 
mises they have feifed into his Majefties hand, to purchaie the kingdome? much de- 
iircd neccflary Peace, and put a period to our deftru&ive warrc (in winch there is 
nought but certaine ruincj what other Security can his Majefty give or they 



expert > 



Toanfwer this plauiible allegation, I (hall, without prejudice to other mens Anfo. 
cment?, t rave liberty to difcharge my ownc and others thoughts in this parti- 
cular, in which if I chance to erre (out of overmuch zealeto my countries fofe.ty) 
I ihall upon theririt dilcovery profelfe a recantation ; though for the prcfent, 

* MahierimverK offendere,qua?npla.cereadnla7ido. ' Seneca de 

I (hall reduce the fumme of the anivver to thefe two heads ; c .^ n " ' ' * 

Firm, that as the Mate of things now itands, it will be (as many wile men con- 
ceive)not onc'y inconvenient,but dangerous, to religne up the MilitiajForts^orts, 
Navy,, Ammunition of the kingdome into his Millies fole difpoting power, and 
thole hands which himfelfe alone fhall appoint and confide in, till things bee 
throughly reformed and fetlcd both here and u\Irela?id, and the Popilh prevailing 
party in both kjngdomes (now ftronglyup in armes) totally fupprelTed and le- 
cured. 

Secondly, That till this be effected, it is more reafonable and fafe, both for 
King and kingdome, that thefe ihould remaine in the Parliaments hands, then in 
the Kings alon?. 

For the firir, there are thefe three generall reafons,generally alledged by many un- 
demanding men, equally affect d to either party, and by molt who arc cordially in- 
clined to the Parliament, why they deeme it not onely inconvenient, but peri- 
lous, to intrult the premises wholly with the King, and thole of his appointment, ¥ 4mdl ^^ : 
as our condition now Itands. & 1642. 

Firlt,a more then probable long-ilnce refolved defigne in his Ma jetties evill Coun- Sec rhcRe- 
fellors, to make him an abfolute Soveraignc Monarch, and his Subjects as mcere monftrancc of 
valfals, as thofe oiFranct • which defigne hath beene carryed on with an high hand q «K)nsNo- 
from the beginning of his P^eigne till this prefer t, as the Pailian.cnt in * fundry vun.1.1641. 

D 2 'Declarations 



28 



The Parliaments inter eft in the Militia 



* Lord Falk- 
land) L.Seym or, 

L.DigbejJL-Sz- 
vil,S1r Jo. Cul- 
pepper, Sir Ed- 
ward tiering, 
Mr. Jislborne, 
Mr. Hide, &c. 



*See the Par- 
f unions Rc- 
monftrance, 
Nov.r. 1642. 



Declarations prove yea divers * Lords and Members of both Houfes,though now with 
hisMajcity, in their Parliamentary Speeches, have openly profefied • which they 
thus demonstrate. 

Firfta by his Majefties feverall attempts againft the Priviledges, Power, and very being 
of Parliaments ; manifefted by the proceedings againft Sir John Eliot, Mr. Hollice 
Mr. Strode, Mr. Lon%, and others, after the Parliament in $-. Caroli ; and the Lord 
Say, Mr. Cmr, with others after the laft Parliament before this: By his Majefties 
(ad ominous breaking off in difcontent, all Parliaments in his Reigne ( unparal- 
leld in any age or kingdomej till this prefent-which though perpetuated by a fpeci- 
all A&,as long as Both Houfes pleafe.hath yet long fince been attempted to be diflblved 
like the former, by his Majefties accufation,and perfonall comming into the Com- 
mons Houle with an extraordinary Guard of armed men attending him., to de- 
mand five principall members of it, to be delivered up to his handsas Traytors 
in an unpatterned manner. By his wil full departure from, and refufall to returne 
wnto the Parliament, though oft petitioned and fbllicited to returne- which is fo 
much the more obferved and complained of, becaufe his Majefty (if not his Royall 
Confort andthe/V/#:etoo ) wasconftantly prefent in perfon every day this Parlia- 
ment (for fundry weekes together) at the arraignment of the Earle of Strafford for 
high Treafbn 9 in a private manner, when by Law he ought not to be personally pre- 
sent in a publicke 5 tocountenance and encourage a capital! OpprefTbr, and Tray- 
terous Delinquent againft all his three kingdomes, contrary to both Houses appro- 
bation ; And yet now peremptorily denyeth to be prefent with or neare his Parlia- 
ment, to countenance and afliit it for the prefervation of his kingdomes againft fuch 
Traytors, Rtbels,cOnrpirators, who have contrived and attempted their utter cb- 
folation, in purfuarice of his^foreplotted defigncs^By his commanding divers Lords 
and Commons to defert the Houfes^and attend his Perfon without the Houfes con- 
fent, detaining them Mill * ivhen the Houfes have fent for them : and protecting 
thoie who refufed to returne, againft the common juitice of the Parliament : by cas- 
ing divers grofleafperfions on it, and naming it ,A faUion of Malignant, ambition 
frittts,rio Parliament at <ztf,&c.By railing an Army of Delinquents,Malignants,Papifts, 
Forainer?, to conquer and iuppreife the Parliament, and deprive it of its Liberties 
By proclaiming divers active Members of it, (fpecially imployed by Both Houfes' 
for the defence of their feverall Counties) Traytors } onely for executing the Houfes 
commands, without any Indictment, Evidence, Conviction, againft all Lawjuftice, 
and the Priviledges of Parliament: By commanding, detaining the Lord Keeper of 
the Great Seale, (the Speaker of the Lords Houfe) and fome Judges from the Houfe 
and City : By plundering divers Parliament mens houfe?, impiifonihg their per- 
fons without Bayle,Maineprile, or Redemption, andlaying intolerable taxations 
on their eftates : By Declaring both Houfes Tray tors, if not in pcf:tive, yet at leaft 
in equivalent word?, and by necelTary coniequer.ee : By divers unparalleld violati- 
ons of the Parliaments Priviledges by extrajudicial! Declarations out of Parliament, 
penned by Malignants in his Majefties name, and avowed by him,publifhed ofpur- 
pofe to oppofe. annul), reverfe thelolcmne legal! Pvefblutions, Declarations* and 
Votes ofbeth Houfes in fundry cafes, and by name that againft the Commiilion of 
Array ; And finally by the manifold 'n- eftives in (everal! his Majefties Declarations \ 
and Proclamations againft the -cats Votes, Proceedings, Members 5 fecond- | 

ed 






The Parliaments interejl in the Militia. 2 o 



nne its an: 



ed with rxprcfle commands, and invitations to the People, to * C 

*y all its Orders mat t bit firfinall confent • which it indeed nan ft a0 

tut to nnliijit ? arliamtnts^ to mak^ tbern a 'togetlx r contemptible^ ridiatkm 9 and tram- J jf ' 

under feet* 5 andhath wrought a tlrong malignity, di/bbedience^ifnoCcUA '^. 

:ftion,in many people to Parliaments,!*) the end they may never delire or enjoy Ncn chu , 
theni hereafter, notwithstanding the Aft fortrienniall Parliaments, when this is *ffia$ia 9 nft 
once diflolvcd. All theft unparalldd, apparent high attempts againft the very ho- ^ utUHm -•> 
n Mir, c(Tcnce,ofthis, and all other future Parliaments, ( tranicendingboth for 
quantity and quality all the violations of Parliaments Privilcdges, in alHiisMajc- - 
ities tVdeceflors Rcignes, fince 'England was a kingdomc, fummed up in one-) 
together with the late Oxford Fropojitio?is for an Accommodation ; wherein the 
Houies mull Refolutions, Declaring what is Law, arecalled iliegall, and required 
to be reverfed • the power of impriioning and rining men denyed, and proltituted 
tothecenfures, Writs, and Examinations orinfcriour Courts, by way of Habeas 
Corpw^ al high Violations and denials of the knowncpriviledges ofParliament,con- 
trary to his MajctHes many former, and late Printed Proteitations, and thole Afts 
newly pafled concerning Parliaments, ("which will never recover their pontine dig- 
nity, honour,power, privilcdges, ifthis mould mi (carry;,) induce the moft intel/i- 
gent to opine, that his Ma jefty, long fince weary of the yoke of all Parliaments, 
(the only Ktmorato his abfolute intended MonarchyJ)and - repenting of the Aft for 
continuing this,!ince he hath gained hisendsfor which it was fuinmoned,(more out 
ofabfolutc neceility then love toParliaments)towit,peace with the Scuts Jor the p;e- 
fent,bv an Accommodation,wrought by this Parliament, Sc purchased with his Sub- 
jects monv, when as hefaw no hopes of repelling them hence by force; St the paying 
,is then railed Army againit them by the Parliaments frcefupply:is now refolved 
(in prolecution of his priftineCounfels)by force or policy to diiTolvethis Parlia- 
ment in difcontent, as hehathdoneall tormer, and that with inch advantages of 
a generall ill opinion of Parliaments in the ignorant mif-informed vulgar on 
the one hand, and of a prevailing conquering power on his part on the other hand, 
as (hall either utterly cxtinguifn the hopes and Bill offummor.ingany future trien- 
nial! Parliamentary AiLmLlies, or at lea It fo emafculatc the vigour, and cciipfe the 
powerof them, ifcaiied* that they frail neither have courage, nor might, nor 
meanestore.itthis forefaid grand defigne, if he can now either by force or policy 
rtfwtoB tht Mil it ia) F art s^Naij , Amrmtn'jtvm into his abfolute diip-oie - the one] y 
obtrade ( now his forces are fo great) ip saine a complcate long-expected 
conquell over his peoples Liberties, Lawes.Eitatts, and all Parliaments Priviiedges, 
if not beings too. And if our Parliaments ( theonely Eulwarkcs toprottft our 
, Liberties, Fiute?, Lives, Religion, Peacc.Kinrdome.againlUhe derogations 
jf oppre ling, lawlcJe Prince?, and OnScei s ) \ c or.ee conquered, or wcakned in the 
ealt degree, we can no other iffiie, but that Ty; a very, -popery, (hall 

* ere Ions entailed upon us andoarfieires Soules and bodies fore 

Secondly, By his .Vaje ii:s fequent impolingor many unlawlull Taxes and In> 
volitions on his Subjefts, contrary to his -Coronation Oath, the ancient Lawes of 
heRealme, yea his ownj late Statutes, Declarations, Vowes, Promifts- whicl 
(efignehathbeencc -.with a ttrong hand all his Reigne till now • and at 

his prcfent^wkh a farre higher hand then ever: which the}' exempline by the I 



2 o The Parliaments intereft in the Militia' 



with other Taxes, Impofitions, Grievance r, complained of in the Petition of Right, ir% 
the third yearc of hisPtcigne; which Aft when firtt pafled, with this his Majelties 
fotemne Oration and Protection Printed with it ; I dee here declare, That theje things 
which have hcene done, whereby men had fomccaufi to jufpeU the Liberty of the SubnU to be 
trenched upo?t,jhall not here after be drawne into example for your -prejudice : And in timet a 
come (IN THE WORD OF A KING; you frail not have the lih^canfe 
to complaine : (backed with his Royall Veclaratkn to all his SubfUis at the breach 
of that Parliament to like purpofe) made moil: men thinke, they mould never be 
grieved with illegall Taxes more 5 though the very annexing and Printing of his 
Majefties two Anfwers^L this Speech when he pafled the Petition, at the end thereof 
( with the Scope and matter or this Speech and other then concurring circumitan- 
Scc 3 Car.c.6, ces ) mac j e the wifelt men fufpeel:, it was onely a baite to catch the'* Temporaries and 
7 ' Clergies ( five a pecce ) extraordinary great Subfidies, then aymed at, (a greater ayd 

then was ever before granted at once to any of his Majelties Predcceflors ) and a po- 
licy then (eemingly to content, but fubfequently to delude the over-credulous im- 
politicke Vulgar 5 the verity whereof was at that intrant much confirmed, by his 
Majelties clayming (even in his very fpecch when he pafled the Petition of Right ) 
Tunnage and Poundage asameereright, and his taking it as a jult duty without 
gra?it by Parliament, from hiscomming to the Crowne till then andfince 5 by his 
extraordinary itrange commiffion granted under the great Seale to divers Lords and 
others for the laying of an intolerable illegall excife,on all the Subjects through- 
out England and Ireland, feconded with the Commiffion to Valbere and others, lor 
the raydng and importing of German Horfe, and the billeting otlrijh foot in fundry 
places ofEttg/tf?z^ to joyne with thofe horle, tofeton this excite, even at that very 
inftant, when this Petition of Right was debated and pafled ; the breaking up of 
that Parliament as (bone as theie Subfidies were granted, and the unpatterned inun- 
dation of all kinde of unjufr Taxes as foone as ever that Parliament was diflblved • 
as fines for Knighthodd,NeiV'buildmgs :i I?zchJures, exaffed Fees, (not to redrefle , but 
authorize them by compositions to get money) Shipmony, Monopolies of Tobacco ' 
Sope,Brickes,Pins, and a world of other particulars upon which annuall rents were 
referved : Forreft-bou?ids,a,n& offences prolecuted with all Rigour; Impositions up- 
on Coale,Beare Salt, Wines, Tobacco, and all kinde of Merchandise - Lieutenants rafts 
and rv ages ^ Coat a?idCondu& money j exce flive high Fines in Star chamber ^ High Commiffi- 
on and other Courts, with fundry other Particulars complained off with open mouth 
in this and the preceding Parliament by molt of the members of both Houles, and I 
divers now prefent with his Ma jetty -, who notwithstanding the many publike com- 
plaints againlt thefe oppreflions, the Afts this very Seffion pafled againft them, and 
v Amc. fuper ftndry duplicated deepe Afleverations to maintaine the Subjects Property, Liberty 
See * Coote) 'in- anc * 8 overne onei y according to Law ; hath,and (till daily doth in a farre higher de- 
ftiaucsoriit. gree then ever (through the ill adviie of Malignant Counfellors) proceed to afflict 
AgrtcoU apuJ and ruine his people in this very particular of Property and Taxes, by weekely or 
bides facn& monethly afleflements and contributions impofed on fundry Townes and Coun- 
JraT^l' ' ties where his Forces now lie, exceeding many mens racked incomes ; hisleiiing 
Dxd'rMfic. of their Ammunition, Armcs, Horfes, Carts, Goods, Provifions, Houfes, Lands, (yea. huf- 
%AHift.l.% t bandmens Teeaies and Horles of their Ploughes, * priviledged from dijlrejfes by Laxv, 
«• 4°- & by moft Nations though enemies,in timesof warre from fpoyle to plunder,) fo as 

they 



The Parliaments interefl in the Militia. 5 1 



nnot till their ground, which mult needs breed a famine: and (tripping ma- 
1 thousands of his people in Brainford, M igb } Ckeftr y and other places 

utterly (acked and ruined by hisCavalicrs^o* all their lively hoods, and citates, to 

iy naked skins ; and carrying away thoic poore Subj.&s in triumph like 
juduiesandTraytorSj who date offer to defend their goods, houfes, eftates, or 
ukc any the leatt refinance, {though the Laws J* Common andStatute^aliow them in fu h * yj^Coronc 
1'tt mtmttjfTCfift, lutkjUj'I Wofi »ho jkaS a fault their houfes, orperfons tv fpoyle i 9 2.1 94- 5 8 . 
hem of 'their g<H If) or proteft them or their Liberties, Lives, Properties, againft his Army *76.*6i. 
^thcevithmurtheringCavalieis. And which aggravates all the Veil, his Majeity J/TefiJS* 
lath lent out liich a Commijjionof Array to bee executed in every County , as /;.,<//', 3,, 4 . 
ullsupldertie and propertie by the rootes 5 which, though both Hoit'a by a fpeciall Cn-ke 14-91, 
>rintcd Pe larat'un, have* proved to bee illeg.ill, contrary to the fundamental Larva of 9%'SteAknb. 
U Rc.ilme , the Petition of Right, and fmeexprefje Alts pjffed this prefent Sejjion-, *%**[&'£ 
-et his Mafeftie hath caull-d liich an Aniwer to be publiihed in his name to the * steihe Par- 
irft Declarations good Law, which * frujt rates all Affs rvhatfocver made in this Laments fe- 
r former Parliaments for the Subjects Libert k, Properties andlayes doxvne fuch grounds, condRtmon- 
vbicb trill not onely jnftifr) but revive all former preffures and gricvan.es nh.itfoever, R'ancecofiecT- 
k warranted by Larv. All which confidercd, together with the frequent endea- ^"f^of A?- 
fours formerly and of late to raifc and kecpe an Army on foote among us to rav. 
enflave us, and raifc what taxes (nail bee arbitrarily impoled without a Parlia- * Sccrhisful- 
menton the Realmeby force of Armes, according to the late 11S of France, be- l. v proved m 
gun by Straffjrd in Ireland, and now Cat on foote in divers countries of Eȣ- jj, C0 ^S. 
(and, makes wife moderate men feare, that if the Militia, Forts and Navy be yeel- ruign, 
:lcdupu;ito the King before the Subjects Propertie, and the(e violations of it in 
the highet\ degree (fo that none at this day can truely fay that any thing hee 

s, no not his Lands or Life are his ownej bee better fetled, all propertie 
will bee for ever lott, and litrk^fl) Subjetts as free as Eng'ifi, in common pro- 

babiiicie. 

Thirdly, the conftant dcligne againft the Libertie of the Subj.:eb perfon ( the 
oetCT to invade the property of his goods) profcCuted all his Majeftics time, 
ind more then ever fince the Petition of K-ft and this Parliament. The which, 
s evidenced, by infinite illegal] commitments of men for not paying the Lenc 3 
. S hip-mo? ry , with fundry other unlawfnll Taxes, without haile or 
n alc fundry members of both Houfes during this,and after former Parlia- 

nents envied, for things done in and triable onely by Parliament; by the exor- 
bitant cenfures in the Star-Chamber and High Commillion. and judging free men 
igalnft Law, to clofe imprifbnments ; And that (which now grieves the very 
Joules of all I g Spirits, who have any remainders of common humanity, 
1 them, and would rend an heart of adamant J not cnely by the ftriS clofe 
lardimprifonments of divers perfons at Torkt and elfewhcre, for executing th'e 
itia, refilling the Array, or contribution Taxes, but by the more then bar- 
parous, * yea beafilj crtteltit of his Majjdics GavaferJ in chayning together in * ft^/fo^. 

ifu regnarem 1 S'i ftrpemibw inim z cm:. fur puffins'* VJ.: 

:litv.Jo:Apud Ko \v\ 
» 6. 
is Ropes 



?* 



The Parliame?its inter eft in the Militia. 



* NuWRegi 
gldriaeftexfjt- 
vaammadver- 
fime. At ' 
maxima, fi^im 
[nam ccntinet, 
fi mill to s ir& a- 
1 1 ■'.via' tri part, 
neminemfk* 
impendit\Sene- 
cxde Clemen- 

* Ifiaftcquens 
nindiau pxuco* 
mm odium re* 
primjt ,ommum 
jrriuu. Regit 
crude u Mi auget 
injmjcorwji 

v.u tie ni'nrolU •n- 
do- Seneca de 
Clemeniia i l. \. 
r.8. 

* The Relati- 
on of rhe ra- 
king of Cicefter, 
and the Prifo- 
nersPvelation. 

* Qanto mem 
n:n hajci melius 
fuit,quam m- 
mer Ari hwer 
publico mxlo 
nates: 

Seneca de de- 
mentia /.i.e. 
IS. 



•The Kings 
Letter on Sa- 
uu i.i;..4;\'/.S. 
i*4? to ihe 
h,ufes. 



:.(24- 



Ropes fundry Prifoners taken at Brainford, Marleborough and Cicefitr^ (as the true 
printed Relations of thefe places facking teltihe) like a company of Turfyfb 
GaUj-jlaveSy (though fome of them were Gentlemen of worth and quality, others 
Miniiters, others aged., ilckly, and many who never bore armes in thefe prefent 
warres) and leading them chained (alrnoft naked, and barefoot) through deepe 
filthy wayes in the cold winter feat on to Oxford in triumph (to his* Majcftes 
greatdifh'onaHr^ and his Subjects grie'e^denying them, not onely meat and drinke, 
but even water it felfe (the commonefi Element') to quench their thirfl , and keep- 
ing off, yea beating any fuch at Cicefter , and Oxford , who offered to bring 
them any fuftenance, though but a drop of water to cook their tongues: (O more 
then Turkifh Barbaroufnefle, that one man, one Chriftian, one Englip Subject even 
in, or neare the prefence of his Soveraigne, tliould thus ill intreate another, with- 
out any punifhment or checke, much more with approbation ! ) After which i 
they have beene* put up in prifons and dungeons lying on the cold ground, itc 
or boards without beds, Itraw, fire or any the lea it refrelhment- allowed onely 
a poore pittance of Adams Ale,and fc^ice a penny bread a day to fupport their lives 
though their friends would provide it for them; in which fad condition many 
of them are itill detained clofe prifoners without bayle, mainprife, exchange 
redemption, divers of then\ being dead of Famine and ill unaccuftomed mage: 
Others have beenemurthered without mercy, and their * Carcajfes left unburied fat 
thefowles to prey on^ others maimed and leftweltring in their blood without any re- 
liefe; others forced to live exiles from their habitations; and all for this new point 
of High Treafon ; that they Itood upon their guard, to defend the propertie of their 
perfons, goods, houfes, pohellions, from th.e robbery ahd plunder of theevina 
Cavaliers (* borne onely for the publike mifchiefe of the Reame) who now 
live by the Countries fpoyle and robbery, and muft not be refilled. If this pro- 
ceeding be the fo oft protefted prefervation, the vowed defence of the SuUjeEtt J- J 
berties ^Properties, Lizes, the prefe ruing of\them inperfett and v.tire -peace andfafetie accor- 
ding to his Majefties Coronation oath,the gover/ungof them according to the Law, evei 
whiles the Parliament fits,and hath fuch Forces in the field, thepoffeffion of tin 
Ports,Navy,and other premifes in their hands (which if the King fliould die with 
* out heire devolve wholly into the kingdomes hands and poneflion, not to his Exe 
cutors, as to the true proprietors of them,a ftrong unanfvverable argument, the' 
are not now the Kings but kingdomes in pointof rightandintereft-J wee cannol 
(Tay many men) but fufpeft the like and worfeufages when thefe are all furrendreJ 
into his Majefties power, and that he with his ill Councilors (who had lately fuel] 
a bloody treacherous defigne againll£ri/fo// during the Treaty of Peace, and novl 
plainly profeffe, * th.it they never hit ended the Premifes pould be put into fuch perfons ba??&\ 
as the Parliament and kingdome might confide in, but them (elves alone^) will then a 
much over-awe the prefent and all future Parliaments, as they doe now the countr 
people where they quarter ; and handle many active worthy members of both Hoi 
ies(particularly proclaimed rebels by the King without convic"t.ion,who hath not i 
violently proceeded againtt any ofthe IrifJj Rebels in this kinde, as he hath done 
gainft the houfes of Parliament, and the chiefe well deferving members of it)asrigc 
roufly^ifnot far worfe, as any now imprifoned by them 5 notwithttanding that trt 
>f* Seneca: Kemijjiw imperanti melius paretur.Et non minus Principi turtlafunt mn 
:ia.y',uim Midi o mult a ftt7.tr J, fl 



The Parliaments Interest tn the Militta. j j 



Their iccond gencrall rcafonis,an*<w ,entfore plot to confedcyacie betvetn the Pop'Pt 
+i PrtUticiid I'artj tn the Khadon.e to change Religion , **d rc-ejiablifi Vcp-yj. * Sc « tfic Par. 
/hich defignt bach been vigorot:liy profecuted long before his Ma j cities "rf^,but^^J^^\ 
lore erFe&ualJy fincc his marriage with one or that Religion; who in regard of her Farliwneou 
ecrenciTcto, ard continuall prcfencc with him heretofore, and aftivitie to afllft him mens Speeches 
ow againft his Parliament, hath (uch a merit* nous intercft in his aflfeftions, if not to this eflctt< 
owcrfuli miluencc upon his will and Councells, as may induce his Ma jeltic (as well 
>* King Salomon) to grant, at lcaltaipeedy publikc long-cxpedtcd tollerationand t 
rcculcof chellomimkcligionCiFnotafuppTeflionofthePrctcftantfaithJthrotigh- % Jq,^ 511, 
utthcRcaimc.if allthcprcinilcsbe put into his Majcfties unlimited power. And 
lat which backes this more then ccnjc&urall fcarc, is i Firft, the large vifiblc pro« 
rclTc made in this dciigac before this Parliament, as not oncly the Houfrs joynt De- 
arationSjbut divers Malignant Members declaratory Orations ,(now with the King) 
ilifie, together with our Prelates manifold Popifh Innovations in Doctrines, Ccre- 
loniei , Ecdcfiafticall proceedings; the Popes Nuncioes Refidencc nccre, and free ac- 
:iTc to Court; our Agents refidence at Rome; the Cell of Capuchins,Chapplcs creeled 
>r Mafle,thc infinite iwarmes of Seminary Pricfts and Jefuites every where, with 
ccdomcand impunity, the fufpention of rhc Lawes againil them and Popifh Recu- 
nts* the late perfceutions and fuppreffions of all godly Preaching Minifters and moil 
ealous Proteftants, with other particulars clcarely demonflracc. Secondly, thepre- 
:nt gcncrall Rebellion and bloody proceedings of the Papifis in Jre'and, to extirpate 
ic Protcftant Religion there; and the many prevayling Plots of the Irifh Rebels party 
ere, to delay, fcizc, or frustrate all ayde and oppofition againft them from hence : with 
is Ma/cfticslatc Commiflionsto Papifts and Proteftants, and fome who have becne 
la&uall Rebellion to trcate and conclude a peace withthcfcRebeils, contrary to the 
cry Aft he pa (Ted this Parliament for Ireland: rclecfe. Thirdly, his Ma/efties late 
Ctcr to the CounccU in Ireland to exclude the Parliaments agents and members there 
om all their Councells and meetings; and if reports be credible, his Ma,c(tics Con> 
tiflions lately Ulucd to moft notorious convicted Papifts m * Wiles, LancapAre>ihz *5cetheParli* 
tortband Other par s , toarme themf elves andraift forces under their Comm *nds ("who amems Ra. 
e now in feverall bodies in the field J and his inte tailing of dtvers P«fifts a*d Irijh monftranccs 8c 
eieSs i* his Army to fight ajainftt'te T*rli m;>t y contrary to the cxprcfie Lawes of Declarations 
icRealmc; his own- frequent Proclamations and Protections, to entcrtaine no t<n iscffc<a - 
apijls neaehm and to defend the Frateftar.t Religion : Which added to the intercepring 
: the Parliaments provisions for the releefe of the Proreilants in Ireland, the enter- 
iningof fomeof the Commanders fent to IreUndby the Parlia nent ag inft the 
rbcils, if not fending for iomcof th:mout of Ireland from that Service to warre 
i;ainft the Parliament; with the palles under his MajeJsUs band for the tranfoorting 
r fomcPopilh Commanders (mice joyncd with the Jr ; Jb RebclhJ into fr land; 




\ 

ogj (the Language of the Cavalccrcs too^learncd from them,) ate not opely pcflible, Ordnoji-ctb 
\ tprobablci and that th re is a generall defignconfootc (towards which the Papifts Hou f^* 
i forraigne parts, through the Pricftsand Queenes Ncgotiations,have made large con- 
tburions) bythePopi^ Armies now raifed in both Kmgdomes, tof:tup Popery in 
i pcrfeftion everywhere, u extirpate the PfOtfiOaut Religion in allourKing- 
\mcs % whichaothi ute conquvft of thefe blood- tijnly Papifts can in 

E probability 



3 4 The Parliaments Inter eft in the Militia. 

m i ■ m , • — ' 

probability prcvcnvhey being already grownc id inf olcnt,as to fay Malic openly in all 
the Northerne parts and Army, and in Readings in affront of God and our Religion: 
I f therefore the premifesfriould now be whoiy furrendredcohis Ma/efticic is much 
to be feared, that the Popifti party ( now molt powerful!) would in recornpcncc or 
their meritorious fervice and afiiftancc in the fe warres, ac lead wife challenge, if not 
gaine, the cbiefe command of the Ports, Navic, Ammunition; the rather, be caufe the 
Lord Her be t (a mod notorious PapiftJ both before and (incc this Parliament, enjoyed 
the fjle charge and cuftodie oPall tbc Military Engines and Ammunition royall at 
foxes Ball, dcfigned for the Kings cbiefeft Magazine; aud then farewell Religi- 
on, Lawes, Liberties; our Soulesand bodies muft become either Slaves or Mar* 
tyr s. 

Their third generall ground, is the conftant pra&ifc of moft of our Kings ("as foha 
Henry the 3 d . Edward, and Richard the a d , with others^ who after warres and dif- 
ferences with their Parliaments, Lord s,Common5, uoon accommodations made bc^ 
tweene them, as fooncascver they got poffeffion of their Caflle?,Ships, Ammunition,' 
fcifedby their Sub/efts, brake all vowes, oathes, covenants made unto them, opprcf- 
fing them more then ever; enlarging their ownc prerogatives, and diminifhing the 
Subjects Liberties, Cyea taking away many of their lives againft Law, Oathes, Pro- 
mifcs, Pardons,) on purpefe to enthrall them; whithftill occasioned new Commoti- 
ons, as the prcmifed Hiftories and others plentifully informc us. And that the King 
{confideringallhis f ore- mentioned proceedings, and pertinacious adhcaring to his 
former evill Councelloirs and their Councellsjlbould degenerate from his predecef. 
fors Policies, in cafe the premifcsbcyccldcdwholytohim, before our Liberties and 
Religion be better fetled, and the j uftcaufes of ourfearcs experimentally removed, it 
hardly credible. 

Obje&> But againft thefe 3 Generall rcafons, his Majcfties many late folemne Proteftati- 

ons, and thofe Ac3s which he hath pafled this Parliament, are objeded, as fofficient fc- 
cuity againft all future fcarcs : To which they anfwer. 

Anfa. Firft, that if his Mayflies Coronation Oath, to pre/erve hie Peoples Liberties ana 

Zawcs of the LandiKviolable,hwchccnc no fufficient fecurity to his bub jeets hither to 3 
ag in(t all the fore-mentioned grievanccsand illegall preiTurcs.* his verbali Protec- 
tions and Promifcs arc like to prove worfe aflurancc : If folemne Oathes be moftap-, 
p^entty violated, what truft can there be to uaf wore words ? 

Sccord ly,oar. Kings in former times fas I have plentifully proved and infinite exam- 
ples more declare^ fcldome or never kept cither Oathes or Promifcs made to their 
Subjects ; but have broken oath after oath,agrcement upon agreement ,with all verbali 
legall ties; reputing them onely lawfull policies to over reach their pccple, and cffrcT 
tlxir ownc defignes with greater advantage to themfrlves, and prejudice to their Sub- 
jects, A nd fhsli we drearnc of a new world^onely in this dilfembling age; when King- 
■craft is improved to the utmoft e 

* At the end Thirdly, we had his Majefiies * folemne Protection,** the Woriof a King, m the 
of ch f S** t 'l lm 3 d ycare of his Rsigne, backed with * T* Printed Declarations then,to all his Loving 

* Center- " S^&jecls, to mqin'aine the Pet tionof Right, their Laves, Liberties, Properties, Religion 
nin^tht brca* i'lpvity and p'rfeHhn without the I aft violation^ or any connivance at % or backzftiding ti 
k.ngup-of q>Qpery: And what good warrants cr fecurities thefefince proved to the Sub/eels te 
the ParJi.1- pr e fc rve th?m from feverall inundations of oppressions, Taxes, grievances, Innovate 
foBcthe olS ll — rc ^ a P^ 5to p ^P cr > 7 ("which have flowed in upon them ever (incc as if tncfti 
Ankic'i tf had bccrie no Wses to kecpe the 01 out, but duces oneSy to let them in she. fafle^ th4 

Rdigiori.""' preoiiie^ 



7 he ?ArltAt*ents Inter eft in the f JM tlttia. 3 5 



prcrnifcs mmiKft,and u c a I experimentally fcelc this day. And arc the nt w Promises ^ 

and Protections (thirkc you) better then the olo.' or thole made this Parliament 
more obligatory to the hirg, or his cvill Counceli r>, then thole made the two h[\ 
Parliaments, infringed in an nigh degree feven to the infpri£>nif)g,thc Icachirg of 
Pceres, of Commons Pockets, and flu dies againll the Priviledges of Parliament^) 
within few ho ores after they were publifhcd in Print? Arc not the Sub/eels dayly 
taxed, imprifoncd, plundered, murthered, the Priviledges of Parliament dayly infrin- 
ged, many wayes? Proccifants dif- armed, Papilts armed, forraigne forces introduced, 
Jrilh Rebels privately countenanccd,the greatcfi ads of hofhlit) and cruelty exercifed 
whiles treaties of peace arc pretended? the bcltlulliccs removed in all Counties, ill 
afrcetcd perfons let up in their places; illcgall Ccmmiflions of Array executed, /ullificd, 
the bell Protcftant M.nilters, people molt robbed,pi)laged, murthered, banifhed every 
where; Shcritfes illegally tnade,Subj els (even at Oxjord where the king rctidesjmore 
inhumanely handled under his Majeltics view, than Gall) -flave* in 7*r^>;and Icarcc 
one Declaration or Promifc oblerved lo much as the very day they are published ? 
notwithstanding fo many multiplications of them in Print; that people may the better 
Cake notice how they arc broken,!* they bcobfervanr? And fhall the Parliament then 
takc.thcfc 'b notoriously oft violated, never yet obferved Protections, for our Kirg- 
domes oncly fubftantiall fccurity, to put all into his Majefties hands forthwith, before 
they fee lomc rcall performances and change of Councclls ? Certaincly if they be fo 
much ovcr-fccnc, they arc likrtobc fofarrcfrom mendrg our prefent condition, 
that they (halibut make it worfc, yea and betray themfclvcSjWith all that truft them, 
both for the prefent and polleritic 

But we have very good La vvrs artehtcd to by his Ma jeftic this Parliament; for our obicR, 
kcurity too. True I butare they not fpidcri Webbs,and already undermined in a&i- Axf*. 
on or intention? Doe they fecure us in any kinde for the prefent, and will they doc it 
for the future? will time(thinkcycu) make them binding to the King, if they oblige 
hinanot,as loon as made? Did the Petition of Right 3° C*r*/i,(* mo i t inviolable fecti- 
rity as molt then dreamed ) fecure the Subjecls in the 'eaft degree againfl any publikc 
wrong, fo long as for one monethsfpacc ? Wat it not turned iuo a kinde of wrong 
ai foon as madc,and ever fin cc?Nay, were there not only fundry actions don,but I.idg- 
rnents too in the very greatcfi Courts of Iufticc, given againft it, yea againlt the very 
letter and unqucflionablc meaning of M*gra Chvta f 2nd other fundamentall Laws, 
by corrupted,or over awed timorous Iudges? vca, arc not mod good Acts made this 
SciTlon for the Subjects benefit, and all the Subjects Liberties atone ftrok : quite hew- 
en downc and undermined by a pretence of Law it fclfc, in his Ma] Jlies * Anfter t§ 
fatk the Htnf s Decl irati%n^orctrning the CommiJJi.n of Array f Quid verba a- diam^ 
fatt i cu v vdeam t The mcancll Latin: Scholler knowes, that verba ^v,(?gnifks pro- 
perly f deceive; and Subjecls have becne oft deceived, even with Aels of Parliament. 
Nowthatallma/fcchow invalid affurances La wes are to fecure the Subjecls Liber- 
tics, though ratified with never fo many confirmation?, oathes,fcalcs-, I fhall give you 
2. or 5. ancient prefi Jcnts. The tirft is that of* King Job* s who Ann: 1 2 1 4. confir- * odit.VitU 
med Magna Chart 4, the Charter of the Forrejl, and other Liberties with his hand, uift p. i^.to 
fealc,oath,proclamationS)thc Popes Bull, folemnc excommunications again'! the in- i^Danielp 
fringcrsof it, denounced by all the Biihops in his prcfcncc; by appointing 25. Ba- | 4J.'44. 8 4J- 
rons, who by oath were to fee and force him, and all others to obfervc it, by feinng on 
his Caftlcs, Lands, goods; and by refigning the cull odic of his 4, chicfc Cables to 
the difpofe of 15. fiords; whomall other Lords and C mraons were bound to affiftj 

£ 2 yet 



jtf The Parliaments Inter eft in the Militia. 



yet in leffc than on haUc yeare> fpacc,thci- Itrongcit obligations are all cancelled ^hefc 
Gordians cut in (under with the (Word of warre, and the Sufefecls reduced to greater 
Vaflcllage than ever,as the premifes evidence. So King Henry the 3 d by oath lundry 
*Mat.Par.Wjl. tllIlcs Tucccflivcly ratified thefe Charters. & the Su'^tfs liberties in Parliament,?*^ 
A»gi?. * 4°. the) eft dearcly pur chafe J tv thg-eat Subfii.es A .id * An. 123 7»this King to gain a Sub- 
4 i • .4$ o.z^ fidie of his Subjerts, in a Parliament then aflembled at London; d-.nye * that in eve in* 
H;y/.p.iJ7)»5 8 tended to revoke (he great Charter, a»- doth i«r Ub:rtie$,or laboured -mth the Pop? todie 
it> with which the^Barons truely charged him; and th*t if *ny fitch thing h d been* 
taf (tall? fugge fled to him, he did utterly nfllanA revoke tt : and becaufe he fcemed not al- 
together free from the fentence of excommunic^. ion, which Ste en the Arch- biihop, 
with all the other Biftopsof England hid denounced again!* all the infringers of the 
great Charter, which he through ill Counccii had in part infringed; he commanded 
them all in publikc, to renew the faid fentence againft all contradictors of the fayd 
Char tcr ,f j that if he himfcife, through any conceived rancor,had not peradventure ob- 
fervedit, he might more grievoufly relapfc into the faid denounced fentence. By 
which meanes, and fpeech, he wonderfully reconciled to him the hearts of all that 
heard of thefe things, and fuddenlycaufcth the Eyries Warren, a* d Ferrers, tndjoh* 
f't^-Jefryiby the Parliaments appointment, to be fwcrne hi* Courellorj} giving them 
this Oitb; Thar by no meaes, neither for rew*rds,nor any other cauje, they fcouldfwarvt 
frombeveay of truth ,bnt flrty Id give good ani who/efoms Comcell boih to the King 
and Kingdoms. Whereupon they freely gave the King the 30 th pare of all their mova* 
ble go jds, except their gold , filver, horles and arracs, to be fp'nt on the good of the 
Republickc, with this condition often annexed; that iho King fhouldle vnhe Counccli 
of Aiitr.s, ad onelj n(e the aivife of his natn> all Subjetts : W hica^ubfidic was or- 
dered, to be collc^ed by 4, knights, and one clerke in every County, and there layd op 
in fome religious houfe or C a(llc,that if the King (liould reccedefrom his promise and 
condition, every one might faithfully receive backs his ownc againc. Eat nofooner 
wasthc Parliament ended,. but the King brcakes all bis proraifes; (Kewes more fa* 
vour to, and is more ruled by grangers then ever before; levies the iabiidie in a ftriclct 
and farrc other manner then was prefcribed, and beftowes rnofr. of it on (bangers to 
be tranfportedj marrieth his fitter Eleanor to Sim n Monfort, (a new come French 
Exile, of meane fortunes )y?* rumqu* natHralwm homimm confku fall & efl ext v antm 
& fnti b nevolU, Reg?nq«e acj^jpustictti i ibm '-fatlm eft cervicojuj, it a cjuei per eo* 
mm confil'mm param aut nihil de negociis Regm traUarei a*t operare ur. Which 
courfes, with other.io incenfed the Nobility, and generally all the fobjc&Sjas put them 
into a new com motion; which made hi center into new Articles and promifes ratified 
with fealesand Oathcs, yet ftill infringed asfooneas made. After this inthc 37. year* 
of his Ilaigne ho ratified them in the mod f3lemnc and religious manner as Religior 
^Mit.Ptr M* anc * State could ever dcyKc todoc. * TheKing with all the great Nobility ofEnglani, 
1155 1838. all the Bjfiijpsan4chiefePrelatesintheirPomificali'3us,withburningTapersbthci: 
%i 9 TUsut. hands atferable to hearc the terrible fentence of Excommunication, and at thsltgh- 
** !? r ^ e 6 >Sn ' t * n ^ °^ tno ^ c candles, the King having onex)f them in his hand, gives it to a prelate 
spet I p. i « ': t ^ crc kft ftyi n S • h becomes ko' ?*& bcirhsj no Prieil,to hold this Candle, but my bean 
MaUKeftm. ftall be a greater tcftimony; and withalilayd his hand fpread upon his breaft, th< 
iioiinfhed, Fab. wholctimc the fentence was read, in this forme. We Bonifuee Archbifuopofffaner- 
5 r f4A».ia5i- bury, &c. by the Authority of Go I Almighty, andoft-e Sanx^ and of she Holy, Ghofi. 
and of *UApo(lie<, M-rtjrs, fiofeffcrs, VWgms/^md tilths Saint j ef God I, (many oi 

Jbetn there fpwially nagd) d&:FAxcm?mi c #tfi 9 m^taidfeprmfTowtht £b*rck *? 



\ 



7 he Par foments Interest w the Militia. 37 

Col, *// thofe who from ke>cefcrth, wttt n*ly and WiHing'y Jball Jeprre cr ffoy/ethe 
Ekttrch of her right 1 like n >/* • M thefe, who by * nj art or cu ning fl>all raft 'j violate, ctu 
mi r >i/) or .It r, p ivilj or ofertj crvyo dor ace & or cow eel: ' } fialt rafily cone agairfi 
*/ V an) of the cncient Liberties o * fjrw.'dt uflomcs of the Rcalme y and efpecuil) tie 
I ib '' ties a d free Cfflomcs which are conteincd 1 the (. hartcrs ef the Ccmn on L/'ef tier 
if Ewg/dttd, emd oftii fit eft, granted ij r L<rd the King of E*gU>d, to t'e 
An b-E'i flops ,'Htfi ops f'relatej, barles, Barors, Knights and F ee Tenants of England; 
iikewtfe alltb-m w'w fla'l m\ke>or objerve whe>: maie, any ftatutes, or introduce cr keove 
whenin roduced t anj cuftom:s agav ft then cr anr 0] them, together with the writer s,Ccuk<. 
eellors and executioners of fetch ftaiu'es, and thofe i*ho flat prefume to jud^c accord ng 
to them. Iafempeter^dll memory where of , vvctavc though: ir.cctc to fct our leaks. 
And thin throwing downc all their Candles, wh ch lay f mokir.g on theground, every 
one cryed out; So let ei try o>:c who incttrrts t'<is fenter.ee be txtintl in hell. Then the 
B.Ts ringirg cut, the King himlclf folemnely fwore and protcfted with a lowd vo> ce, 
with h s hand upon his brcft : As God me k Ipe, I will faithfully and inz ioUblj keep theft 
things as I an 4 Man, a Chriftian.a Knight, a KING CROWNED & ^NOIN- 
TtD. Which done, R(bcrtbiQno\) of Lmcolne fore- thinking, that the King wculd 
violate the fore (aid Charters, prcfently caufed the like excommunication to be made in 
all his innumerable Pari£h Churches; wltfh fentence would make mens cares to tingle, 
and their h: arts no: a little to tremble. * Never were lawes amongft men ("except * ^iwV/.'p? 
tho'choly Commandments from the Mourn) cftablifhed wnh more majeftieof Cere- l6 9* 
mony, to make them reverend and refpeded then were thefe : they wanted but thun- 
der and lightning fire m heaven, (which if prayers would have procured, they would 
iikewifc have had,) to make the fentence ghaltly, and hideous to tie infringers there- 
of. The gretfeft feeurity that could be given, was an oath, and that fblemiicly takenj 
the 1 >ncly c'ain on carth,bc!idcs lovc 3 to tic the conscience of man and humane Society 
together; which (hould it not hold us, all the frame and government mud needes 
fall quite afundcr. W ho would have once imagined, that a man, a Chriftian, a Knight, 
a K . ,^fter fuchapublickcoath^and excommunication, wculd ever have violated 
rfpecuily to hisioy all Subjects ? yet loc almoft a miracl. (though over- com- 
mon among our Kings,) the verv next wards in my * Hiftorian after this Oath ard *Mat;y?s?H- 
tveo r,munication,arc thefe ; The Parliament leixg thttt dijfohed, the King V R £- p.*J9* 
S EN T LT njingiM CounfeU,fludied how to infring. all ' he premifes; thefe whifperers 
cf S*tau telling him; that he neede not care though he incurred ti is fentence, for the lop- for 
or.cor two hundred pounds rvi&abfdve hint, who out of th ■ fulwjfe of his po\X>er can Uofe 
tndbindtwhafoevtrhcp'.eafeiht&c. which the Pope foone after did; and the King 
returned to his former opprcflive courfes, more violently than before. Well then 
might the royaii Prophet give us this divine caution, * put n't yen ■ ttmfi in Tnncesi - 
* *Surely i ntsn rfhigh degree are 4 l)t\ to be lajd in the ballar.ee the) are altogether lighter * pf a \ t i^c.k 
th n v*i*ty, both in their oathes and promiies. Hence * If able Countcfle of Arundle, fyl- $r.). 
a well fpoken Lady, receiving a rcpulfe from this Kings hands about a Ward, whereto * ^fk^n U 
fhc conceived Qjc had right, the King giving her aharfti anlwcre, and turning from % c ^J'^f ' 
hcr,fayd thmto his face : O my Lord King, why turneyou away your face from /u- 6x8.2UrSp >. 
ftice, that we can obtainc no right in your Court/ You are conftituted in the midtt i6 7t ici..' 
bctweene God and us, but you neither govcrne your ielfe nor us difcrecrely, as you' 
ought. You foamefuily vex both the Church and Nobles of the Kingdomc by all waves * 
you m3y,which they have not only felt in prefent but often hcrctofore.The King fired * 
atfofrceaipwchvwith^korncfull angry countenance, and lowd. vcyce anfwered:* 



3 8 7 be Parliaments Inter efi intheCMilitti. 



€ What, my Lady Counteflc, have the Lords of England, becaufe you have tongue ac 
« will, made you a Charter,and hired you to bcthcir Orator and Advocated Whcrcun- 

* to (he reply cd: NjtfomyLord, they have not made any Charter to me; but that 

* Charter which your Father made, and which your fclfehave oft confirmed, fwearing 

* to kcepe the fame inviolably and constantly, and often extorting money, upon pro- 
'mife, that the liberties therein contcined fhould be faithfully obfetved, you have not 

* kept, but without regard to honour or confcicncc broken; Therefore are you found 
« tobeamanifeftviolaccrof your faith and Oath. Where are the liberties of England, 
c fo often fairely ingrolfcd ? fo often granted / fo often bought i I, though a woman, 
'and with me all the naturall and loyali people of the land, appealeyouto the Tribt*- 
c nail of that high ludge abovc,and heaven and earth (hall be our witneffe, that you have 
c moftunjuftly dealt with us, and the Lord God of revenge, avenge and right us. 
c rhcKingdifturbedat thefc words asked her; If flic cxpe&ed not to obtaine her 
c fuite upon favour, feeing (he was his kinfwoman? Whcreunto (he anlwcred. How 

* (hall I hope for grace, when you deny me right ? Therefore I appcalc before the face 
' of Chrift againft thofe Counccllours alio of yours, who gaping onely after their own 
c gaine,have bewitched and infatuated you. Iwiflinone hadcaufe at this very ieafon 
'to make the like appeal e*. As boldly, though in fewer words, is he reproved by the 

*M<ttfow V* ' * Matter of the Hofpitall of Hierufalem, vmZUrken well, who comming to complainc 

tis.psi6. ' of an injury-committed againft their Charter, the King told him; The Prelates, and 

&»T&**icl « efpcciallythe Templets and Hofpitalers, had fo many Liberties and Charters, that 

p ' * * their riches made them proud, and their pride mad; and that thofe things which were 

c unadvifediygranted,wcre with muchdifcretion to berevoked;allcaging,thatthc Pope 

' had often recalled his o wne grants, with the claufe, Non ebfijtntti and why fliould not 

c he cafhierc thofe Charters inconfiderately granted by him, and his Predcceffors ? What 

* fay your Sir ? (fayd the Prior ) God forbid fo ill a word ihould proceed out of your 
' mouth : fo long as you obfet vc jufticc you may be a King, as foone as you violate the 
c fame, you (hall ceale to be a King, To which the King inconsiderately replied. O what 
< meancs this I you Englishmen, will you call: me dqwne from the Kingdomc as you 

did my Father, and kill me being precipitated ? I could inftance in divcrfc like viola- 
tions of Afaga Charta and other good Lawes immediately after their making and 

* fee Covfiit. ratification with folemncil Oathes and * excommunications, both in King E ward the 
Condi, de i . and a. and Richard the feconds rasgnes, which becaufe elfc where lightly touched I 
Rzd'mg.capdc ihall pretermit • concluding onely with one prefident more, in one of our beft and 
^mlublic in J 11 ^ Princes raignes,King^* Edward the third, in whofe reigne even then when by 
C iobnde jtm. fpcciall Ads, there was not onely a trieniall Parliament but an annuall to be heldjand 
/.iji. fometimes4. or 5. Parliaments held every yeare, and Magna Chart <*ufually fiiftcon- 
*7)am<liHi* firmed by anew Law in every one of them, yet we frnli finde not onely frequent 
[lory p. z6o. CO roplaints of the breaches of it, but * many new Lawes one after another, enaded, 

* 5 E.z* 9- to prevent and punijfh the violations of it; and yet all to little purpofe, as thofe A<frs 
St'J.l. clia declare, an< * ' " r late, yea prdent timesarteft : and which is very obfervable; when 
x$.£^Srtf. Km 8 Edward the 5 a in the firft Parliament, in the 15. ycareof his Raignc, hadordai- 
5.c.4.x8.£.j. ned and e(Rlifh-d divers good Statutes, which he willed and granted FOR HIM 
£$.£7:*.3* & HIS HEIRES that they fliould be FIRMELY KEPT & HOLDEN FOR 
8 1 £ f c \f* E Y^ ^'f°\ gratification of. Mag* a £hana y znd better obferving othcrgood Lawes; 



The Parliaments Jntcrefi in the CMilititia . 3 9 



and maintaine the points of the jyxat Charter, and the Charter of the Forreft, and all 

other Statutes, without breaking any one point ; No fooner was that Parliament dif- 

iolved but the very fame yeare.hc publikely * revoked choic Statutes: pre ten ding. 7"/^ 

ihey "ere co>tra j to tlx Lawcs anA (fufiom^ ef the Rea/ne, and to ku 'Prerogative * ^c Rcvo- 

tmuKi'ltsRojAlLatl yvhuh > t Ly hh Oath v as boundtom MM ne \ Wi.ertforc wt/iwer c * no " c l thU , 
Y 1 J ,r'i J iitr- j / l j 1 ru J , ,. • ? Statute i/t&de 

providently to revoke fuc > tht gs, which he fo improvident ly haddo n e. Hecnuc (iaith M E ^ in 

he, marke the diilimulation of Princes even in Parliaments,) Wenevr rea'ly con- the statutes at 

tented to the making of ft eh Statutes , but as then u beloved //, IV E E D /.'- bye. 

S EMB LED IN THE PREMISES : by T>> deflations of nvecatU 

ens , if in eed they jhouid prcceei to fecure the Dangers, which By the Denying of the 

fame WC feared to come, for as much as the f id Parliament otherwife had beene nit ' - 

vutany c* frdttion^in d'feord diffclved, and joourearnefl bufi etf? had It? ly ■ ee e,whi h 

Cjod prohibit inruine, ss4nd.the faid fr.fnfed Statute , 79c p om'tfed then to be fra/ed; 

M tit fit hen e the Statute did not of our owne free will proceed, it fennel to tb? Ea I /, 

Barons y a> d other wife men y with wh mwee have treaud thereupon, T e fa > e fhould 

bevo;dc,audoughcnottohavetheNameror Strength or a Statute : And therefore 

it their Council and •sfffen* We have Decreed the faid Statute to be void, end the 

f.mc in as much as it proceeded of d'ed we have brought to be anullei* And the [anserre 

4ue onely to the conjov tion and redintegration of the %ightsofeur Crowe, as w be 

bound, and not that We fhouldm any rrife aggravate or oppreffeour Subjects wh?m wee 

iefiretorule by lenity and gent lenejfc. And thus his Siablifhing of thefe Lawe , for 

Him and his Heires, f Y mlj to he i.oldenand kept for ev r, was turned into an citato 

fit wijj, determined as foone as granted. By which pretence of D Jjimulation, of a 

confentto Acts,yctnot free, but faincd onely to accomplfli his owne ends, and of 

prcferving and redintegrating the Rights of the Crowne ; how eaflly may 3ny 

King, ( and how oft have many Kings, actually, though not Lega'ly) invallid and 

nullifie all Ads they have parted for the Sub/e&s benefit , as foonc as they are made 

by Parliaments? What weakc affurances then are Lawes alone , to binde Princes 

hands, or fecure Subjects Liberties, let all wife men judge. 

If then the ignorant vulgar will be deceived with thefe ipecious fruitlcfle Prote- 
flations,and thebaic grant only ot forne good Laws f already highly violated) with- 
out any apparent intention to obferve them;yct molt prefumc the great Counfdl cf 
the Kingdome ("which in 10 many printed Dee&rmtkmrhaA informedtheSubk&s- 
of the prcmifes, to make them cautious, and vigilant aga : nil all fuch circumventions) 
wil not be fo eafily over-reached j and find better aflurances before they truft too far. 
Fourthly, admit (Tay fen* J His Majeftics Proteftations and Promifes upon the 
hoped accommodatiou fliould be rcall, (w cl> the fending abroad of his Forces, Weft, 
South, North, at this very inftant of Treating n akes molt doubt 3 ) yet the fvvay of ill 
Counsellors about him, more prevalent with, more truftcd by him, ac this prefent 
then his grandeft Counfdl, the Parliament : the Potencie of the Quccne, the great 
merits of her Grace & Papiftsfwho will not be more modeft with the King,thcn they 
ire with. God himfelfe, in challenging rewards exdebito, for fcrvice done unto him) 
the deferts of divers Malignants about the King, who will challenge all places of 
trull from bis Majeftie, as a juft reward for their faithfull fervice ; as they did in 
Henry the ;<*, his raignc, when *<Jtt at hew Paris complained, and the whole King- *H# ^ r £l* 
dome with him, in this manner, judic ,: «* commit t^n-ur injuflis leges exlegibus, pax P* 27 l * 
difcordantibsUy juflitia injnri»fts 9 &o % Who when they have all power and offices 
fiiarcdamoiigthcin, will be apt to meditate aadaftrcvesige^thcpriiHcft of their 

Parli- 



The Parliaments Inter eft in the Militia, 



Parliamsncary Oppofitcs, to opprciVe and fleece the Sub jeds to repa ire their loflcs, 
their expences in this warre,or their poore decayed fortunes. All the ie with other fuch 
like probable futiequcnt confederations, may iuftly plead the inconvenience, and 
great danger to Parliament and Kingdome, to make an abfolucc prefenc furrenderof 
t\K Militia, Forts, Navie, ammunition into fuch untrufty hands, as are likely to 
turne them all againft them* and to proouc mtfeheivous, if not pernicious, unto both, 
*s T> ^ or c ^ e P rcm ^ ici reafons ; * PePJfera vis eft valcrc ad nocendum\ especially if it be 
CkmattUlu in Malignant hands. And here, to avoyd all mifinccrpretations ot this impartial! dif- 
courfe, I fsrioufly protcft ; that as I heartily defireand conftantly endeavour a fpec i 
dy,fafe,cordiall vnion between King, Parliament, People; fo have I mod unwil- I 
lingly been neceffitatcd ro repeat the preraifed objections, much feared dcfignes,and I 
experimcntail contradictions bet weene many late Proteftations and a<ftions,(frequcnt I 
in Parliamentary Declarations, new printed Pamphlets, and mod mens mouthes;^ 
not out of anydifloyall fcditious in:ention fas fome will oaaliciouflymif-coiifter it^ I 
to ftaine his Maicfties Reputation with his people, and make the breach bctwccnc j 
them incurable, thac they tray never truft one another more; but oncly faithfully to 
demonftrate to his Highneficand all about him, the greatdifferv.ee and impoliticly© 
pernicious advife of thole ill Councilors, who have moft unhappily engaged him., 
in fuch pernicious proiecls and frequent repugnances of workes and words, aa 
have given both Parliament and people, a more then colourable, if not iuft cccafi- 
on to diftruft his Maieftics gracious words and promilcsfor the prefent, till they 
(hall vifibly difcerne them, more punctually obfcrvcd,and reallized for the future; and 
made them (o unhappy on the one hand, that now they dare not truft his Majcfty 
iofarrc forth as they defire, out of a provident ca^c of their ownc future fecurity; 
and His Highnctfc fo unfortunate on the other hand, as to grow jealous of their Loy- 
alties, becaufcthey will not confide in his Royall Faith and Proteftations, fo farre 
as he expects , out of a care to preferue hisowne Kingly Honour* In this unhappy 
diffidence (occafioned oncly by His Majcftics cvill Counfcli) betwecne King and 
Kingdome, a reall future renouncing of all forenamed fufpe&cd defigncs, and 
aftuall performance of all Regail promifes, will be the oncly raeanes to cure all Ie- 
loufics, baniQi all feares, remove all dirhdenccs; and beget an afliircd truft, firme 
peace, and lading unity bctw.en King and Subjcds,to their mu:uallunexprefli!:le fe- 
licity ; which I fhali day ly imprecate the Cod of Peace fpecdily to accomplish. But 
to rcturnc to the matter in hand. 

Secondly, It is conceived by many indifferent men, to be farre more reafonable 
and fafe both for King and Kingdome ("as things now Hand) that the MMia> Ports, 
&c. till our feares and jealoufics be quite removed, fhould remaine in the Parlia- 
ments hands, then in the Kings alone : which.thcy thus demonftrate. 
* SectVieRa ^ ir ^' Becaufe all the fe * are the Kingdomes iir ght t pnperiy % fffe ; notthe Kings- 
monftrancc of Who being but the Kingdomes Royall publicke Scrvant,may with Honour and better 
che Lord and reafon deliver up the Cuftody of them to the reprcfentative Body of the Kingdome 
Commons, for a feafon, then detaine them from them, when they require it. Secondly, Becaufe 
an^ 2,6 ' 164 * the Parliament is the Superiour S ^veraignc power , the King but the Miniftcriali; 
a |6 ^ m/B *' and itismorcrationallandjuft, that the inferiour fhould condifcend to the greater 
Power , the Miniftcriali to thofe hec fcrves, then they to him. Thirdly, Many 
men of Honour and fidelity are more to be trufted and credited, then any one man 
whatfDever, becaufe not fo mutible, fo fob/eel to fedufrion, corruption, errour, or 
fclfc-cndsasonccrveryfevv. This is the :r acre: fan, there are many ludges in all 

Cruris 



J be Parliaments tfnterefl in the Militia. 40 



Courts ofJufticc ; moftfelca Members in the highciH curt of all, tic Farhar.cnr, 
(as there * v** *» the Rcmn Sentte , in Toraigr.c Parliaments, inNaticrallard * c 
Ger.crall Cour.ccls ; becaufe Courts of glared truft and power) many bc;ug more Suma Pivn 
tn.tty and juditious then ere, cr a few ;\\'l crcc SUtnun dculics ibia rciolution ,j ; :i \ £*»» 

§r.e , inpeintof truft } whence \\ifc men of guar ePatcs mekc many Fccflces , or / lt 
txccutors 3 ard feldcmcdcccofidc inor.e alone. The Parliament ihcifcrcbcing u - -.if. 

ny, and the King Lut one, are melt robe confided in by the Kirgdcn.c. Fourthly. H**1*U 
Kn'.gsrave frequently broke their Taith ar.d Ttuli with their 1 zjlu-ments fnd King- . ~ 
domes \ Parliaments ieldome or never violated their tn.il ro Kirg or KingdcxnC; M , 5# 
therefore its more juft, kflfe dangerous for Kit g and Kingdoms to uuihhe Par- 
liament, then the King. 

Fiftly,Tr,e Parliament is elective, confiding for the molt part of the principall men 
in every County, City, Burrough, in whom the people who elected them, moft con- 
fide ; The King {ucceflivej not Elective. Therefore not fo much confided in by the 
Kirgdomc,as the Parliament. Sixtly, The Parliament being the great Cc-uniell both 
of King and Kingdome, confiding ot the able ft men cf all Counties ; is letter able 
to juogc and make chcyceof fit perfens to mauageand keep the prcmifes for the 
publike fafcty, then the Kingalone,wiihcuttheiradvi(c. Scventhly,The Parliament 
heretofore hath elected the greatcft Officers of the Kingdomc, (yea the King him- 
felfc,when the Title to the Crownc hath been doubtfuil,thc inheritance and diicent 
whereof hath in all or moft Prince sr nigr.es, * bcene conftantly ojiided ard [(tied bj- - 
t':e Tarlumfvt , as I have formerly proved ) becau(e it mod concernes the weal or f .I j^Vs c" 
woe ; the peace & fafcty of the Rcafme to have trufiy Officers • Therefore by the : 7 ^ h.8* 
ftlfc-fame rcafon they fhould for the prcfent appoint all Officers for the eultedy 07 35 h,8. 
and ordering of the Prcmifes. E'ghtly, The Kings trufjing the Parliament with thefc *•«• ■ B%« 
things for a convenient rime, wil be the only raeancs to remove thepeoplesfesres, l>' c '! pi g r ■ 
prevent their dangers,quict their mindes,bec;ec a perfect vrJty and amity between £jj, Th« ° 
King, Parliament, Sub feci, and prevent all future differences : whereas the prcfent princes Cafe^ 
refigning of them to his Majeures trufi and power,will but sugment their jealou- 
(ies, fcares, dangers, difcontent? ; and neither pacific former differences, nor prevent 
future, but rather perpetuate and beget them ; efpecially if any notorious Papiils, 
Malignants ("the likcliefl men to be impioyed vnderhisMaiefiy )be trufied witha- 
ny of the prcmifes, which will endanger both Liberties and Religion ; of which 
there willte nofeare at all, if the Parliament and fact] as they Qui! ncminatebe 
the onely Truftecs. In fine, If neither King nor Parliament daic trait one the o- 
ther alone with the premifes, and it is neither Roy all, nor Honourable as many bc- 
lecv for the King to truft the Parliament now alone, with thefe,who in their *Dccli- > 
rutins never ddircd, but profefled the contrary, that the chief eft ccwmtxd of the Mi- 1642 T and 
litlt rchen indifferent Officers rve>e appiti'ed, fiould ftulrcfde in his Msjefij^ in as CMy 16. 
atxfle manner as before- there is no other equal, honourable, Juft, impartial!, pro- l6 * z ' 
bible way left to fecureor accord both parties in this particular, but onely ro com- 
mit the premifes for a convenient time, to the cuftoriy of fuchtrufly perfons, no- 
minated by the Parliaments the King, or by the King rothe Parliaments both 
fides ioyntly fhailallowof, and by a fpeciall Bill to prefcribe them fuch an Oath , 
as lTiall oblige them, to keep and imploy them onely for the ioynt ufe of King, 

(*) Kingdomcy 



I _ ■ I , - - - J * ■ r _^«_____ 

The Parliaments fatereft in the Militia. 



_ - - __ , - - 

Kingdomc,and Parliament, by the joynt direction of King and Parliament", and not 
by the fmgtc warrant or command of cither of ehem, whiles this Parliament conti- 
nues ; Vnder painc of High Trcafon, both againfl the King and Kingdomc. 

I (hall dofe up this objection with the words of Seneca, * SecurittsfecHrita- 

* t DtCkmen- u mH tu* facifccndnfft: Err*t enim ft qms cxifiimet tutnm ejfc Regem^bi nihil* 

>a .i.fcip. re ^ tutum eft. Vnnm eft inexpugnabUe muniment urn , Amor Qnium • which the 

King fhall then be fure of, when he takes up this refolutton • Nonrempttb/icam [h- 

*m ejfr, fedfe %eifublka : and (hall really truft the Kingdomc and Parliament as 

much, asfarrcforth,asheexpcftsor defires they fhould truft hinu 



T!i£ 



etnd Elctt Privie Coumellors, State Officers, and fudges. 41 




J"he Parliaments Rirht to Elecl Vnvie Counsellors^ Great Officers y *nd judges. 

Obycl. 3. 
He thirdgrand Complaint of the King and T^m '//?/, a gain ft this Parliament is 1 * 5c« : ■ **} 
x Th 't the/ t ike Mpsnth: m * fnHTt i recon.mm.nd aid nomin.it t tothcKxnghuTri- }5 iei " 
t/tf Cennccllors, fudges, m:h her great Officers *f$Uft\ dem <ndir.g, that none of V2l \, ? ... 
them may hereafter (effect lly during Pari am.n > s y be ordunedbj his A/ajefiie ) bin bj the tr fi r fl p ir _ 
Kominauonor .dvice. A great aff.ont, an incollcrabic encroachment on the Prcroga- tens, v.uh 
tivc RoyalJ, as is pretended. olUr Dccla ~ 

Thislowd clamor againft the Parliament, if ferici.fl> examined, will fpecdily ^Ti^fcacii 
ni(h into nothing. Ffr; firfr, it is h already cleared ,( c and Tortffcue fo rclolvesj Th^f hispait!^ 
Kings thcmfcives (the higheft Officers ai a luiliciars in their kirgdcmc^ wcie iv* t/f>f w . f# 
created and elected at firft, by the free gcncrall vo*cs of their peoplcjfrcm whem a'ct e e rage 1 7,18. 
they received all their Royali Authentic, havirg (till r.o ether, rcr greater lav fill '9- 
power then they conferred on them, (onclyforthcdefer.ee cf their Laues, perkns,'^ 1 ^^ 81 
Liberties, Lftatcs,and the Rcpubliqucs welfare:) which they may regulate, augment,^/**^ 1 * 
or diminifli, for the Common good as they fee juft caufe. Therefore doubtlefTc thc<i Uvy. Hip J. 
people who thus created and elected their Kings at fir(t, did likewifc ccnflitute, and 1-1.3. hionjfi 
cled all publikc Counccllors, Officers, Iudges, Ministers of the State, giving both be- Hal - ^"'fl- 
ing and bounds to their fcvcrall offices and J un (dictions by publicke Lawcs; which Ko ^ L ' lt ^f 
is mod apparent not oncly in the d Roman, c Lacedemonian and other Kingd< w*\r,but our HiffL6 'bo- 
ownctOyby infinite Alls of parliament creating, regulating and limiting the power and dm, Ccwmon- 
proceedings not oncly of our Kings, but cf their Counfcllours, Chauncellors, Trca- »«//M. i«« 
iurers, Keepers of the Great Scale and privie Scale, high Stewards, Admiralls, Mar- 3 °* 
<halls,Maftcrs ofthc Horfc,Prcfldents of the Marchcs,and oi York, Maftcrs and other \'* r f ■gjjfj' 
Officers of the Court of Wards, Iudges, and Iufticcs of all Courts, all kinds; Sherifs,^. acuTe- 
Coroners, Cuftomcrs, Searchers, Efchcators, and all other Tcmporall or Lcclcfiafii- dtm.RcpuUi- 
call publickc Officers : the right of whole ele&ions remaining originally in the king- ( *i &*< 
dome, and Parliament rcprefenting it, was never yet irrevocably or totally transferred p f^ 
bythemtothcKing,byanypublickeaclsthatIhavefeene: and therefore when they 
fee juft caufe, they may make ufe of this their primitive inherent right of Hiccfion 3 
without any reall incroachment on the Kings Prerogative* 

Secondly, I have already proved, that the f Hcretochs, Leiurenanrs Genctall, and 2 
Sherifs (as likewifc the Confervators of the Peace) in every County through ihc C°'k>' tyK 
Realrae, were anciently clc&ed oncly by the Parliament and People, not the Kb&*cbJuf% 
('though they had the cuftody, power, Command of the whole County,) without 17 {.758, 
any impeachment to the Prerogative Royali- why then may not thefc other pubheke *^6. 
Officers of the cftatc be thus nominated and chofen by the Parliament like wile, with- 
out any / uft exception or offence - ? 

Thirdly , All s Coroners, Ma/ors, Sherifs, Bayiifs,Aldcrmcn,Recorders of London *; 

Torkp % BrifioU t tni generally of allCities,Tovvnes,and Burroughs throughout the King- b CMfc-lfcft 

dome (which have the chicfc Government of thefc Corporations^) Vcrdcrersof the ,8 4-*- c6 . 




the Parliament, and Rulers in the Church, were anciently chofen, not bythe KingSra/fl/w.i.i, 

cfi.f.49. 

Brook Corporations Kjtchtn*f % 47. 48. 



m % The Parliaments Intereft in^ and Right to Nominate 



— ^ 



•■y himfclfc-jbuto/iciyby theQcrgicand peopl?, as fundry ^Trejidents md* Statutes 

*iee ami- man if c ft, an d the C°'g e ^l^ lers at this day for the Elc&ion or new Bifliops, more 
Brit^GoL then intimate : and all this without the leaft violation of the Kings Pr erogstive s 
mfas£at.oi w ^y t ^ icn m2 Y not chc Par ^ ament nominate all th jic publike Officers to the King by 
Bilhops and Parallell Rzafon, without Ecdipfing bis Prerogative ? 

Ant.qmtics, Fourthly, TheKnigh's, Citizens, and Burgeflcs of the Kings and Kingdomes grea- 
Ell ^ / rwH ^teft Court and Counccll, the Parliament, (thcMupreameft Counfellors and Iudgcs 
tf V %o 7 P i? 44 of all others, to whom all other Courts, Counfellors, Officers, Iudgcs, are refponfiblc 
97 .109.1*11 for their adion3,Iudgcments,advice;)havcalwayes of rtghtbcenc,and yet are elccled 
j n.i * 1. 1 $ x. oncly by the Free- holders and Commons of the Realrae : yea all the members of the 
*l 4l ?f- de . f Lords houfc,thoughfommoncdthkher by the Kings Writ, and not elected; fit there 
Gefiu,vomJ, oi r j g | it £ nQt f gjacc, or the Kings free choyfej by the fundamenrall La wes and Coh- 
^.E.s.Par. flitucions of the Realme; neither can the King by his abfolutc Prerogative, cleft any 
6«9.h.4.c8. mg^jber of the Commons Houfe, or exclude any member of it, or Pcere of the Up- 
ii.R.X'ftnt. p Cr Houfe (whoby vcrtuc of his Peerage ought to fit there) without the Houfes 
2,c,1# confents : for then, if he might elc&,ot exclude one, he might iikcwife chufeand fe- 

fcxjE.j.c 3- elude more, yea mod of them, by like reafon, at his plcafurc; and fo fubvert the fub- 
4.5 ; Stamford j .^ s p r i v ii C( jg C s,and by a Packed Patliament impofc what La wes or Taxes he would 1 
Coins f 1. on his people, to their fla very and ruine. Which frcedome of the fubje.^s Eleclion,and! 
to 10. kifial all Lords Summons is foeflentiall and ncccflary to Parliaments, that the Parliament* 
Pari and the of a I R, i.itrVeftminfier y *K\doi\%. H. 6 at Coventry, were by the Parliaments of 
Statutstherc Jt H m 4, c- 3 . 4. N°. a I ♦ 1 2 .and 39. H. 6. c. I. adjudged and declared to be vojd axdn9 
cited. Parliaments at a f l y bat unlawful y yea devilUJb Ajfemblies y and Ordinances, for this very 

k Sttmfo'd Reafon- because in the firfi efthim> the Knights were not duly e/etled by the Commons 
lene diParli- * CC4>r ^ >g t0 Law and cuft^m^ but bj th: Kings pleafure^nd the L r rds enely of the Kivgz 
amentum, }* Yt h ( co ' traT J t0 rt $} H an(i ' r€ *fon)fommon. d tott : (by meancs whereof Will,theteic 
cmbdens ruled f >r reafon, men alive were c ndemned without examination j men dead and put 
Bric£„i7$- in execution by privie murthcr, were ad jidged openly to dye, orbcrs banifhed with- 
I 7 ^,f l i. r ^outanlA'er,anEarIearraigned,notfufT red to plead his pardon ; Sec ) and becaufethc 
^*"^ t £^~ Utter ot them by m divers Jedi hxs evVl-dfpofd per fom about the Ki?g t was unduly, 
lie i.z.Ho ' femmmed, onely to deftroy fomcof the great Nobles, faithful/ and Lawfull Lords, anz 
linfbed & Vo- other faithful! leige people of the Reahne out of hat? eianimalice, which th* faydfediciotfi, 
til Defcriptt- p cr jQ s e f l 9n gtlme had agamfl them : and a jeat p -rt of the Knigh'sfor div rs CouH- 
\ lV °\ V?" ties c f ^ Je ^ e ^ me t^ndmany Bvrgejfes andCuiziensjor divers Burroughs and Cities ap~ 
\7i?Chion. Turing m the famsyMerfnamed, returned, and accepted j fome of them -mthou' due ana 
Q&trziittdj f ** $k It on % {cm ? of them without any E/eftio* by meancs and labour of the faydfedniom^ 
1,17. 118. perfons^ agawft the courfe of the Lawes, c&d Libe>tifj of the Commons of the Realme 
Mifljb Vift* Tvhereb; many great Ieopardies,Enormities,andInconvefliences,wtl-nigh to the ruine. 
Coitel Inflit ^ cCa >!» anc ^ (t, ovcrfion of the Realme* cnfued.lt then the grand Counccllors and Judge? 
en Zttf.109 c '- this hig^eft Court are zt\d ought to be clewed onely^by theComm ^ns,not the King 
n^a 9 .Kc bcCiu(etKvaretoconfult,andmakeLawes brthekingdomts welfare, fafety, go- 
port, lipifl , vernment, in vvhjchtbc Realme is more concerned then the King; and Biflops y AbbotJ, 
^u'? " *«dTriorsLkewife t whiles members of the Lords Hcufe of Parliament we chafe* by 
Johns Speech ; ^' Chrgie, People, Comnons not theKing 1 by femblable, or better reafon, the wholr 
agilii^iS&ft, ^ tace in Pari ament when tocy fee/uft c^ufe, imy claimc the nomination of all pub- 
moncy.p.^, likcPiBcers of the K ngdome, fbcingas much or morcthe Kingdomes Officers a« 

Speed. p 761. 

7<5 h Htlls.QhtQ* f, io, u. 1 j. Fabj&.im 7-p> 173, to 175, g 35^. H*6.c,\UaU Ck.on, 55.H. ^.Z. iS2 ; <jrafton\ 



AM 



and Elctf Privie Cdwcdlours, State Officers, wd fudges . 4 $ 



thcKings,andas n refponfiblcto rbc Parliament as to the King, for their miftfemea-. fi >^S/& ' 
nors in their places) without any diminution of the Kings Prerogative, 1.4- *. 

Fiftly,thc Parliament conlillmgof the moll ° Honorable, Wi'e, Grave, and dif- «>Sce in c Fre- 
er ecu Lt per Ions of all parts ot the Kingdome.arc bat able clcarcly and impartially to f*«s ot moll 
Iudgc, who arc the fitted, ableil .faichfulleft, mod dclcrving men to manage all theft * ncif . m * * 
pubiikc Offices for the Kings, the Kingdomea honour and advantage, better then ei- ™j*"5ta*.*' 
thcr the King himtelfc, his Cabinet-Couniell, or any unconfi Jcrable Pnvadocs, Cour- H ^ m6 ° & * 7 \ 
tiers, Favorites; (who now ulually recommend men to theic places more for their rcigncs,Cmw- 
owne private ends and intcrc(ts,thcn the Kings or Kingdomcs benefit;) therefore itp^s \mrif, h 
is but j ull and equitable that they lliould have the principall nomination and recom- C9 Zl?*(u' ta 
mcndatiooor them to the King, rather than any others whomfocver; and that the ^ EUaiao 
King (hould rather confide hercinto their unbiallcdindgemcntSjthcn to his moft pe- if;*.j.c$. 
wcrfull trufticft Minions; who would out the Parliament of this jaft priviledgc, that 4.5 • 
they might unjiiftly engroffe it to themfelvcs; and none might mount to any places 
of pubiikc truft, but by their dearc-purchafed private Recommendations; the canfeof 
£0 many unworthy, untrufty, corrupt pubiickc Officers and Iudgcs of late times, who 
have fas p much as in them lay) endeavoured to enflavr both us and our pofterities by , | ee n r# s < 
pubiikc illcgall Refolucions againft their oathes and Confcicnces. ^ hvs fpeech 

Sixthly, Though our Kings have uliially enjoyed the choyce of Iudges and State concerning 
Officers, efpccially out of Parliament time; yet this hath beene rather by thcPariia-^P' 1110 ™/- 
mentsand Peoples permim^ns^hen conceptions, and perchance by ufurpation,asap- 4 °* 
pcarcsby Sherifcsand Lieutenants of Counties Elections, now claimed by the King, 
though anciently the Subjects right, as I have proved. And if fo, a Title gained onely 
by Connivance, or Vfurpation, can be no good plea in Barrc againft the Parliaments 
Intereft, when there is caufc to claimc it : however; the Kings bed Title to elect 
thefe publike Officers, is onely by an ancient truft repofcd in his Fredeceflbrs and him, 
by the Parliament andkingdome, with this tacit condition in Law (which * Littleton 
himfelfc rcfolvcs is annexed to all Officers of truft wbatfoevcrjebat he (hall well and 4 chapter o£ 
lawfully difchargethis truft, in electing fuch CounicllcrSjOfhccrs, and Iudgcs as fliall Eftatcsupon 
be faithfull to rhc Republkke and promote the fubjects good and lafety. If then Condition, 
the King at any time fhall breakc or pervert this trull, by electing fuch great Counfel- /"*#•* 78 $79- 
lors, Officers, and Iudges as (hill willingly betray his Subjects Liberties, Properties, l*if?^* 9 
fubvcrtall Lawcs, foment and profecutc many deiperatc opprcfling Pro; :cts to rumc " ' c * '* 7 
or inthrall the Kingdoms under mins RcIigion,ana! the like (as many fuch have brene 
advanced of late ycarcs;) no doubt the Parliament in fuch cafes as thefe, may ;uftiy re- 
gulate, or rcfume that truft fofarre into their ownc bands, as to recommend able, 
faithfull perfons to thefe publike places, for the future, without any injury to the 
Kings Authority. It was a ft range opir ion c r F.u4) Syercert (g r eat favor teas to King 
Edward the fecondj which they put in;o 1 Bill in writing n That homage a*dthe*Oatb' Sce E«to* 
of Allegiance u more by reafon of the €T9W»e+ th:n by rcafo* of tb> per [on of th: King, £ 
andis more bou *d to the Crowne then to the per/on; which appeares> hcattfe that b pre t ■ e .r^'Lf d 
decent of the frowHe % no Allegiance is due to the perfon. Therefore put cafe th? Kino w II ta. par:. 2. r. 
not dtfeharge his trufc well yaccor ding to reafon in ri ht of hi* Crcwne, hi* Snbjecls are VK.U. Coilg 
bonni by the Oath made to tie Crowoe, to reforme the King and fiats of tht Crowne J' 7 - Calviri 
becaufeelfe they could not performe their Oath.How it may flay thcy)bedcmandcd,how 4 W- IU 
the Kingought to be reformed ? By fuiteof Law,, or by afperity ? By fuite at Law, 
a man can have no rcdrcfTe at all, for a roan can have no ludge, but thofc who are cf 
theKingsparty : In whichcafe, if the wtflof the Kir,g be not accoraing to rwrfon, 

T a he 



*.a The Parliaments- ihtereftw, mi BAgkttf Mmindti 



ill 



5 - he fhallhavc nothing but crrour maintained and confirmed. Therefore ic bchovct 

br fiving the Oath, when the King will not retlrefe a thing, and remove \v hat is c 
forth? ComiTionpeople,anJ prcj udicall to the Crownr, that the thini* ought to 
reformed by force, becaufc the King is bcundby his oath to govcrne his Lieges and 
people, and his Lciges arc bound to govcrne inayde of him, and in default of him. 
Whereupon, thefc Spencirs } of their owne private Authority, took^e upon them by V fit-pa* 
tion the file government both of Ki*g and Kingdome Offering nme of the Peeres of the 
Realms or the Kings good CoHtfellors,appoin'edby the Statejo com? neere him to give him- 
good connfeHy not permitting the Kingfo much as to fpeake to them but in their p^efenee. 
But let this their opinion and private unUwfuLl pradife, be what ic will; yet no doubt 
it is law fall for the whole State in Parliament, to take courfe, that this part of the 
Kings RoyaUtnrt (thcchufmgofgoodpublikcCounfcllors, Officers, Iudges, which, 
much conccrncs the Republike)bc faithfully difchargcd,by recommending fuch per. 
fons of quality, inregucy, and ability to all publike places of trult and judicature, as 
both King and Kingdome may confide in; which will be fo farre from deprcfling, 
that it will infinitely advance both the Kings Honour, Iufticc, profit, and the King 
domesto. 

Seventhly >It is undeniable, tbarth eCdunfcllors, Iudges, & Officers of thcKingdomt, 
arc as well the KLngdomes> Councilors, Officers, and Iudges as the Kings, yea more 
the Kiiigdoflies than the Kings,bccaufe the Kings but forthe Kingdomes fcrviccand 
W s "f e H ^ 1 " benefit* This is evident by the Statute of r 4 . E. 3 ♦ c. 5 ; which enafts j that as well the 
M*t IVeJl?'' Ckiuncellor.Treafitrer, Keeper of '-the Privi* Seale^thefufticesof thfone Bench andoj 
Taltanpuiyc. the other y the Chauniellour ani 'Batons of the -Efchequ r ', as. Jtsftias afjigned, and aU\ 
Graf* Speed, they that doe meddle mthefai I p'aces unier them , flail make anOath^wll and lawfullyl 
HoLinfhet™d. t9 SERVE ths Kmg and HIS PEOPLE, in THEIR OFFICES: which Oath] 
*fliFof T< was afterward enlarged by 1 5* E- 3. c. 3 . 1 8. JE. 3. <SW 3 . 20. £. $ .c 1 .2. 3,1 R, 
she t and 2„c.: 2 .(wearing and injoyning them : To doe even Law y ani ex cation of riqh: to all] 
-Goodwin'm the 'Sub JQ&S rich and poore^ without having refpetlio any per fo^^ &c, <±An£ tf any t?j 
thisftif&Pj*. themdoe, or com- 'agiinjl [ avy point of the g'es.t Charter ^or other St a' pes or the Lai^z 
™fc* . ,. of the Land, by the Statute of i 5. E . 3.C. 3. ^jW/ an fwer to the- Parliament, <tf^/,j 
' ^ X ]i f 'Graf, u a * *^ € K* n g s fat*,M V the fiiite of the pa*ty % Seeing then they arc as well the Krng-j 
f^Ed) .'.!. a»*4 doxes Councilors, Officers, Iudges, as the Kings, and accountable refponfible foi 
Coohjsinftit* theiurufdsmeanors in their phecs, as- well to the Parliament and Kingdome as to th< 
G^tittieton.- Kmg,grcat-.rcafon is there, that the Parliament, Kingdoms fefpecially when they fc< 
I.j|lf a. , jaft caufej flnuld have a voyce in their ele<ftions,as well as the King. The rather ,bc 
*iiu*Mti s Dc- cau ^ c wncn -° ur K' n g sna v eDC5 n* negligent in punifriing cvill Councellours, Officers] 
fmfy'JP'Jf* Judges, our Parliaments out of their care of the pubiike good, have in mod King 
¥&\a&i Htf#* raigiiC8| both ju/tiy- queftioned. arraigned, difplaccd, and fometimes adjudged t< 
G/aU-SpvJ deaththcKingsgrc.tc{tCouncellors,Oniccrs, and Judges for their mifdemeanors 
in tUl'fc of vvitneffe the diTphcing & banifafog of WiU'mm * Longsham Bifbop ofEly^Lordchann 
^M WicWi ce U** r > c hKfefaftk\and Regent tf I his Reigneifift Si>- Tho\ 

|pr :ck*gainft m ** Way land chief; J h face of the Common pleas, attainted of Tel <ny , and banifle-i fo * 
iha^cruy . bribery by ^Parliament , 1.8; £d. i; the leverall bani(hmen-s-of Piers Qavefioft an« 




Fah. Graf, l ^yctiucs; uic rcmavaii ana condemnation oi r bic William 1 norpt 

Hk>i7h$pecd Ki^s B:n<chrfor Bibcrv, 25 E, 3. ths fincing and difplacing of % OHichael de A 

IlifeWfc .lykLoriCbiiAjcllQ^ AkxwUt • Ne sell /and divers other great GiHccrs, 4ind Prrvii; 



-• -• — - 



and Elect Privie Conn filler s y State officers, And Judges. 4 5. 



3 
0x9 



Counfellors f with the condemning, executing, and banifhing tATtefilim^ BeU -^-j - 

\nap> aud other Iudges, in 10 & 1 1 . Rich. 2. by Parliament, for ill Counfell, and *jf£ 8 '\' * 
giving their opinions at Nettingbdmagn It Lavv.Oi ' h Empfvn t Dttd/ej, *nd that grand Qf^msL 
Card mall ;rJj,i>/^/.\^r//0r, and the Kings cbicfeft Hvorite and Counfellour,in Martin InH. 
Henry the eight his Ragnc : Of the Duke ot Sommerf t Lord Trott Q$r s and his Bro- $.& Ed % 6, 
thcr^Lord AdmiralLtor iuppofedTrcafonsin Edward the 6 xl \ his Raignc • Of Sir ; -*w*4 
Eravcis Bacon Lord Keeper, and Cranficld Lord Trcafurcr, in King Urns his latter ^ ^ P^ 
dayes ; with infinite other prclidcnts of former and latter ages \ and one more r> \J, \\£ ' H V 
msrkable then all the reft : ' InthcYcarc 1371. (the 45- of King Edward the $K ril g, rpo : * 
his RaigncJ and fomewhat before, the Prelates and Clergy- men had ingrofled moft d\&*.Kcug.$, 




Iter of the Rolles, Iokn Troy Treafurer ot Ireland, Robert foldwU Clerkc cf the 
Kings Houfhold, William Bugbrig generall Receiver of the Dutchy ofLancaftcr, 
Willi *m Ajlbey Chancellor of the Exchequer, John Nevrneham^d Wi'ticm ds Mulfo 
Chamberlaines of the Exchequer, and keepers of the Kings Trcaiuryand Icwes; , 
lohmRo ceby Clcrkc and Comptroller of the Kings works and Buildings, R«ger Barm- 
trxr$b>tx\d 7, Pricfts more, Clcrkcs of the Kings Chancery, %ickard fie ft er field the 
Kings under-Treafurcr, Thomas B> antingham Trcafurcr of G nines .Merk*, and Calis-, 
All thefc Clergieracn 'who abounded with pluralities of rich Spiritual! Livings, 
though they Monopolized all thefe temporall Offices ; )■ in the Parliament of 45 . Ed- 
ward the 5 a . by a Petition and Complaint ef the Lo'ds s VHft dif paced at ence f/o# thefc 
offices ("no waies futablc with their functions,) an# Laymen fubflitutedm their places: 1 
And a like k prcfident I find about 3. Henr. ^Inhere the fiergy Lord Chancdhr fTrcd~ *&£?*' ' 
fu/er, rrith other Officers were removed ^t.pen a Petition again fi them ^ and their Offices^' rti 'f 2 %^ 
committed toT'mporall men^ham they better befeemed. Jf then the Parliament in all 
Ages hath thus dilplaccd and cenf ured the grcatcft Counf ellours , State- O m'cers,Iudg- 
es for their mifekmeanours, ill Counfcll, infufificiency, and untitnefle for theie place?, 
(contrary to that twice condemned fal£copmion,of the over-awed Iudgcsat/W^^- - 
him'm 1 1. 7^ a. * That the Lords and Common* might not with' at the KmgiTsnH /». * ^ 1 t 
peach the Kings Officers and Juflices upon their Off nces in Parliaments and ket';at d.d Graft, 
contr/trywas to be pttnificcLai a Traitor 3) and that upon this very ground^that they arc 5*3 ;; 
the Kingdomcs Counicllors, Ofticers and Juftices, 3s well as the Kings, and fo refpon- r ^i Sci O • 
fibleto the Parliament and Kingdomc for their faults. I feeno caufe why theymay F ' 145,147 * 
not by like reafon and authority, nominate and place better Oncers, Counfcliours, 
Iudszes ir\ their deeds, or recommend fuch to the King, when and where they fee jog 
caufe. 

Eightly, * John Boat* a grand Polititian, frucly determines and prooves at large; \ 
Thsr it isnottht right ofektlicn of great Officers, which dedareth the right of Sove- : J ^1,T ' 
r+igvtji beca'fe tb'4 oft is > andmiy be in the Sftbj<cts % bxt the Prices approbation, ard ca , p.jf/.*- 
confi'mxtiontf them when they are choftn, -without which t^ey have no pow r at a ; l. It'ilfc 
can then be no usurpation at ail in the Parliament upon the Kings Prerogative, to no- - 
minatc or eleft his Counfcllors, great Oncers, and Judges, or recommend meet pcr~ 
ions to him ( which is all they require ) fo lon^as they leave him a Power to approve - 
and ratifie them by Writs or fpceiall Patents, in cafchec cannot juftly except againft,^ ^ ^ 
them ; Of which power they never attempted to divert his Majcftic, though hec- be/w»^'^« * ■■',* 
nQabjoloutCjbutoncly apolitikcKing, » asJ^iirp^cmoDUrates U^*HK 

S 3 - ' * ^iruhh../ 



46 7 he Parliaments Inter efi tn^ and Right to Nominate 

. y - Ninthly, It hath becnc, and yet is ufuall in moll Forraigne Ki ;gdomos, for the Sc- 

* natc and people to cleft their publike Officers and Magt(irates : \\ ichout any diminu- 

Bofin cm. tion to their Kings Prerogative. In "the %oman State ,zhc people and Senate not onc- 
waithj.i ca. ly conftantiy elette d their Kings an i Emperours, but all their oihir g^a^d publike Of- 
10 k Liuy bi(h ficers a*d Magiftrates, {as C°*f^U Tribunes, 'Dtftttors, Senators, Decemviri, end 
/.i.x.g.4.7* the like) WCTceletled by tbe people^ who pre/cribed them Lawes, Oathfs, ar.dhidp rv- 
VtovyfmU ertQ q Ue ft ton ^ t0 y Un iflj y revoive and cenfurethem when they offended, o $ / 0H an( j 
fci/fz \ See " tAriftotlc, witk other great Politicians, debating this Qiieftion ; Whether thepwer 
the Appcn- ef electing and cenfunng the Magiftrates ^and chief e Officers ought to re fide in the people } 
&*■- Conclude affirmatively, That it u mojt veceffary and convenient , this power Jboula reft 

° At ft Polit. in t jj e p eQ pi e . Becaufeelfe the people fkall become both the fervants and enemies of their 
i.i.c.10. ♦ j« J> r inces ,if they have not this power i and btcmfe all the people together are more confide* 
PHizrovym. rable, and better able to judge of the goodnejfe and fitnejfe of Magi ft rates for them % 
BUncaAragO" then any few feletl particular men, which are more apt to be fedncednith by-ends, then a 




714*. 747* to Spaine, their ancient Suparbienfe Forum , their Iuftitia Aragonia, and Rid homines^ 

7* *« (who arc their frincipaU Magiftrates, Great Counfell of State, and Privie CounftU 

lours t9 their King, both inWarre and Teace ; having power over their Kings them* 

/elves, to e x amine and c en fur e all their ^AUions,anirtm^ve them if there be caufe ; ) 

with all they Members, K flights, and Burgeffcs, cfthnr Parliaments ; ( held formcr- 

i Muvft.C<f* ly once a y c are, but now once every fecond yeare,by fixed Lawcs ;) anciently were] 

f.|.*.zi«a}« aid t thy day are eletledby th? People, and not the King, In °l the Germane Empire, 

<? c ' the Slettorjhip, Ckancettourfiip. and all great Offices of State, are hereditary and fuc- 

feffive.not chofen by the Emperor: and the greatejt part of inferior Magiftrates &re ele. 

t Bodin. Com fad fa mo ft Provinces and Cities by the people. In r Hungary, the great Palatine, th< 

%i!h'lT(lkt- cnie * c ^ 0^ cer °* tna: Kingdomc, nextto theKing himielfe, who at home detcrtni 

tufwde rebus necn anc * jadgeth all differences betweencthe King and Subjects, according to th< 

Vngir HijU. Lawesof that Realm? (eft emm apud P anno nio sin ttfu, Regtm fi quid contra Legen 

6«P 8 4 8 5 ♦ fecerit, legibw fubuci) and during the interregnum, hath right to (ummon Parliaments 

Amo^s '7« and gcnerall affemblies of the Eiiatcs ; yea, the chiefe hand and power in cledftnf 

* Bodin.l.*. anew King; and the Sovcraigne command in the Warr.es, Ad-outfonuspunire.ben^ 

e«ioandthe de republic a mentis pr&mia difcernere,fundofque qui 20. vel 50. agricolarum capa- 

gcnerall Hi- ces j~ Uftt j^ r ^ hereditaria nomine conferre pojfit, &c. ("as Nich<l,ius l(thuanfus writes 

via V *~ * s clec^edby thcStates and Parliament of Hungary, not the King, * And in this mam 

« See Munfier ner Bethrius was elected Palatine in a full aflembly of the States, Semtus^ Nobilitas 

FoMim, 0- tif% confenfu, AnnoDom 1 5 17, and the Vayuod? put by, In* Venice, the Senate arnt 

taus Mac- people chufc all the great publikc Officcrs^ot the Duke. In * Polandf where the Kinj ! 

nus, ando- ^ c j cc ^j| vc ^ by tne Law of Sigifmond Auguft us, all the Magistrates *f every Couxtr 

\ gojfai. 1 tC - werc t0 b e chofen, by the particular States of t very Go vernment, * and fo they arc novi 

\*.cajjiodorAn r De*marke,iin(\ Sweden, and Bohemia, the Kings themfclves are Elective by tb 

i.i.Epift.6. States and people, and molt of their publike Officers too. When c Rome and It*i 

"Mat. Weft. wcre un( j cr the qothijb Kings, they ftillclc&cd their publike Officers, as is evidci 

39<!^&. by King Theocljrc ^ L «ter of approbation of their Election, in thefe Words, Ot 

H$^iK£l.p4 , confent, %^verend Fathers, doth accompany your judgement i In « Scotland, Ann 

j&. cr Tpo- I »p 5 . the Scots in King lohn Bay Hols Raigne, Confidcriag his (implicitie and unap 

$gr**}M?< neffe, cleftcd them 1 2« Pecres, after the manner of France ; (to wit ) <*. Bilhops , 4 

JEarlc 






and Elett Prtvie Ceunfellors, State officers, and Judges. 47 



Earlcs,and4. Lords, by whofc counfcll the King ought to Govcrnc the Rcalmc, 
and by whole ordination all the affaires of the Kingdome fhould be directed • which 
was principally done in affront of King Edward rhc rirft, by whom thb lohn was made 
Kingof Scotlwi, in fomc fort againft the .SVw good l^ing; fomc of rhem fecrctly 
raurmiirirgagamftit. In France it felfc, where the King ( as x fomc thinkc, and _ . 
write, u an abfoltttc Monarch,) the grcatcft publicke Officers anciently, have fome- /.1V5 c^ 
times bcencEle&ed by the Three Eitares of Parliamenr. y Anno 1 253 . The States % nxui caul. 
of France, Elc&ed the Earlc of Leycefter their Grand ScnefchtH, and chiefs Counfel- gim&munfo 
fourof Sta'e, to advifc them, and their defolate cftate, whattodoc. * InthcYearc t0 "/^ 24. 
I 324. Arthur Duke of Brit nine was chofen C on P a ^ eo f E ranee, by the voice of fll ' * Iat b*PaTit 
the 'Teeres, of the Great Counfell, and Parliament • and thereupon was admitted to f B l J' n [ T 
:hat Grard Office. a In the Ycare 1 35 7. the 7 rh . of King John of France, the Archbi- c. 1 o. 
•hop of /£<?**, Chanccllour of France y Sir Simon de Bury, chiefe Counfellour of the ■ Fabian pat 
v<ing,andof the Parliamenr, Sir %obert de Lorizje, Chamberlainc to the King, Sir 7 -P l8l '» 
Nicholas Brake, matter of the Kings Pallace, Eguerrain, Burgcs of Paris, and Vn- J9 °* 
Jcr-Treafurcr of France, John Pnefi, Soveraigne-Mafter of the Money, and Matter 
:>fthc Accounts of the King, and lohn Chau*con t Trcafurer of the Kings Warrcs, 
wrcrc all complained of 'by the Three Efa'esof \\2XHX % affiembledin Parliamtnt, formif- 
Tjii.iing the King and Realm:, their goods con fife a ted to th- King, themfelvrs n moved 
from thrft Offices, an J others clefled in their places by the States. In b the Yearc 140^ \ Bodin.l. 1. 
:>y 2 Law made in the Parliament at Pan/, it was Decreed, That the Officers of th <mo. 
High Court of P arliament fbould be made by the Parliaments E lellion^aid thofe then va» 
:ant rrerefo; which Law was againe revived by King Lew's the 1 1 th . in the Yearc 
[46**. And after him, in the time of Charles the 8 th . not onely the c Prefider>ts, the 
Kings CowfeRors and Advocates were made by elccliop, but even the Kings Attumey 
jtnerall, fthc onely man of all the body of the Court, that ovveth not Oath but to 
King onely J vas chofen by the f*ffrages of the ffou r t , to the Ye. ire 1496. though their 
betters of Provifion and confirmation of their Election then were, and yet ate al- 
rrtntrdbythe King, About the c Yeare 1 a,8o» the Earle cf Flings exa&ing 
icw Cuftomcs and Taxes from his Subjects, contrary to their Liberties, they tlv.reup- * ft'atfr'.h/}. 
m expelled him. with all his Family and Caunfe tiers' out of their Countrey , And refu- P •** 5 . l l 6 . 
ed upon anytcrraes to fubmittohis Government, unleffie hte w*uld remove all his Fahian - P a f : - 
vtl I Counfellour s from him, and deliver t l *em into their hands to bee p'tni(hed % 7 '?*f'l } ? 
St rccipere SOLVM V E L IT CONS1LIARIOS EX COM- 
MV N IS W LGl D ECRETO, and would receive fuch Counfellour s onelj 
k his people lycemm^n decree Pionld affignehtm \ which he was cov [trained, fore againft 
■Ul y to e ndt fiend too ,ere they wru/drrfiore him. Since then the election of the Loun- 
eUonrs, Magi(ttatcs,Iudges,and PrimeOfficcrs of State in moft other Kingdomcs 3 
iavebeenc thus clcded by the people and Parliaments without any encroachments 
ipon their K'ngs jutt Regalities ; Why our Parliament now may not claimc and cn- 
oy the Ifre Priviledge, without any impeachment of the Kings juft Prerogative ? 
ranfeends my under (landing to conceive. 

Finally, our ownc Parliaments in mod Kings Raignes, have both claimed and en- 
oyed this power of Electing Privic Counfellours, Chancellors, Treafurcrs, Iudges, 
nd other great Officers of State,and created fome new Officers of farrc higher qualii- 
ie^and power (to governc both King and Kingdome)then any the Parliament dehres, 
rare in truth fitting for thcrri to create unleffein cafes of abfolute neccflitic, to prc- 
c^ch^KiDgdomcs uttet rujiic 3 Togiveywfomcfewprincipaiiinftanccsofmany. 

3n 



-^"^ — ^ — — — ' 

48 The Parliaments Inter eft in y and Right to Nominate 

'tyMitb.Pms In the d Ycarc 1214. the 16. Yearc of King Iobns raignc, in a Parliament held ac 
Aifi ^ju 114. Running- Meade, nearc fVindfor for the fetling and {".curing of CMagn* Chart a, and 
i2i?.pz.4{ other the Subje&sLawes and Liberties formerly granted by Henry thei. it was a- 
'jrefafPd; g^ed by King /*K andEnaded, That there jhould be 25. £*™*/ rfw/?», /ir^ ^ 
fing.rpodifr t^s Lords would, who Jhoullto their utter mo ft power caufe-i he fame to beheld andob- 
Fottibron^ frved. And that if either the King or hUJufticlar Jhould trangreffein any Article of 
FtbianCax- the Lawes, and the offences fbewed, 4. Barons of the 25. Jbouldcometothe King 3 orm 
ton .Graft on, hk ab fence out of the Kingdom, to the chiefe lufticiar, andd c'a<e the exceffe, reefui- . 
fix dP oh dor. r *"& without delay, redrejfe for the fame ; which if not -nude mthix 40. dates after fuch 
Vir^An 1411 declaration, thoje 4. Barons Jhould refrre the caufe to the reft of the 25 , wh with the 
Tiavieip. 1 45 Commons of the Land, might diftraine and in force the Ki tg by til meases they could (b; 
- *44.Jpt^p. filling- upon his Caftles, Lands, and Potfeffions, or other goods ; his P erf on excepted, 
P . tQ > 6 7- m £ that of his gueene and Chi ! d^en,)till amends be made according to their Arbitration. 
And that tvhofoever would fhould take their Oath for the execution hereof, and obey the 
* Comm indement of the 2 5 • Barons herein without prohibition. tAnd if any of them difr 
fent ed, or could not afiemble • the Major pan, to have the fame power of proceeding: 
Hereupon there are 25* Barons chofento be Confervators of CMagna Charta, and 
the Subjeds Priviicdgesf whofc names you may read in Mathew Paris) who by the j 
Kings Confent, tookc an Oath upon their foules ; that they would keepe thefc Char- 
ters with all dfligence,andC0w/*//*6*/G^^ repent (as he did 
ioone after ) toobfervethem : Which donc,all the reft of the Lords, then likcwifci 
*Frdn.Thin tookc another Oath, toajpft and obey the Commands of thofe five and twenty Haron*. 
^Protefon In thc Ycarc I221 * C Hu & h d€ %» r $h>w*s made the Pretttlor, or Guardian of the 
HolinJhtdmL' Reil ^ me '^f a Parliament, held at Oxford. In the Yeare 1222. I readc in f cJ*fo- 
3. cd 1 07 j. thew Parts, and others, that Ralph Nevilt Bifhop of Chlchefter , was madci 
f Ki(l.An£l. Keeper -of the Great Seale , and Chancellour of England, by affent of the -whole 
P-l°^9°d"- Ktngdome (in "Parliament, ) to wit, in iuch fort, Vtnon depeneretur ah ejufdem fiJ 
Bilhtoffiie&M' ™fi 0{i >*> NISI TOTIVS REqNI ORD IN ANTE CON- 
Hath^etim SENSV & CONSILIO, That he 'ihould not be depofed from the cufto. 
Ja.iizi.fi.dy of the faid Seale, but BT THE ORDINANCE, CONSENT am\ 
■'■*.- . COVNSELL OF THE WHOLE REALME. loe here thc grcatcfi 
lM *f'* Ans Officer of the Realine, not oncly ele&ed, but confirmed by Parliament, foas no: 
Thin 'bis*ca'- t0 ^ c diiplaccd but by the confent of the whole Rcalmc, whofc publicke Office) J 
taloiuofchan-hewtt. Hereupon King Henry afterward, taking [bmedi(tafteagainft^^(l>ecauf< 
zellors 'in Ho- the Monkesof Winchefter cle&edhim Bifhop ot that Sea againlt his good liking J 
UnJIndvolum, took* away the Seale from hiw % and deliver edit to Geffrey of the Temple, in the 12* 
\lihWtit' ^ care °* n * s R a Jg nc ; but yet he helde his Chancellors place ftilly avdtooke the profits of it' 
Jyi \z\%L*i during all his life ; though he refufed to talg the Seale agair.e, when the King oft red 1 1 
*49« reftore it him, the 23, of his Reigne, Quoiper Con (ilium praditto Cancellario commif\ 
>Matb mf.fum frit TOTIV S REGN I. h After which he being reftorcd to thc Seal , 
^.ii48.pag.by theParliament An. 1236. this King removed %alph thc Steward of his Houfhold 
*ntb wis w * tn cer wi nc °thcr his Counfcllors, and great Officers of his Houfc, from his Coun J | 
^.1148. pa. fell, and their Olficcs 5 and he likewife moft inftantly required his Seale from thi 
7i9.7 i0 «7tj Bifhop of Chichefter his Chancellour, who executed hisOrflce unblameably, being 
Matb.Patis ^[\[^ t f trutn i n tne Court Bat thc Chancellor refufed to deliver it, feeing thc vie 




dome! 



and Elccl Privit Ceuvce/lors, State Officers^ and Judges. 49 



dome ; wberctore he could nocrrfigceicto au> one W i T H V T THE fOM- 
MON COl'XSEL OF THE REALMS', to writ , the Parliament. ' 

In the "Yearc 1 244. the 28. or Henry the 3 1 . Us Kaigrc (tic B ih-.p of Chtchejler, 
that faitbfull Stout chanccllom trade by Parliament, dying* ai d ttiepkcc cor.rinuirg ' ***** ParU 
void torafpace) in a Parliament at London, tie Lords and Commons cmplained, 
Tbatfrd'fecl of a £ banc l'or } div:?s Writs were grant d ag*infl Iuftice y cni lb y de- ^arult Hi(i. 
manned, that by TH till HLtCTiON 4 Jr<ftic:*r and Cban.dl'Ur might bee p,i6i. i6i. 
ma ie, by whom the State of the Ki*g ome might be fetled, AS IT WAS AC- 
COVSTOMED. The King promif'd to refurmc all things himfclfe, left hec 
might iccmc thereto compelled uy the m : which they gave him a convenient time to 
effect, and fo adjourned ; promifmg to give him an ayde at their next meeting, if in 
the mcanc time, he red re fled things amiffe, according to promife : Which he failing 
to doc. At their next meeting, They demarded Magna Charta to be confirmed , which 
the j bad divers times dearely pur chafed^ and anew Charter to bee made for that purpofe, 
Tbn alt ihs infringers thereof ft; ould bee folemnly Excommunicated by the Bifhops. 
And bee auf: the Kinghad not hitherto objeiv<d the great Charter , notwithftandsng hx 
Oa be: and promises, and Saint Edmonds Excommunication again ft him for infringing 
it, left the J il^e danger fhould happen in after times , and fo the Uft errou r be worfe then 
thefirft, By Common A S S E NT they Ele&ed 4. eft be mojt Tolitkke and djcrec- 
teft men of all the IZgalme, Who Should Be Of The Kings Counlcll, and jveare, 
that they would faithfully mannage the affaires of the King and Kingdom", and would 
aiusimfter Juftice to all men, wii horn refp. ft of perfons : That the j e ft ould alwales fol- 
low the King ; and if not all, yet two at the leaf}, ftjould be prefint with him, toheare e- 
very mans complaint, and fpeedily re lee ve fuch as f ffned wrong. That the Kings 
Treafurj fbonld bee ijfued by tkeir view and teftimeme, aid that the money fpecirtly 
granted by all, fhould be expended for th? bemfic of the King a r >d Kingdome % in fuch 
fort, as Jhonldfeem: be ft, aid moft profitable. Ahdtbat th?jo ft; all be £$nfervators of 
their Liberties. *s4nd that as they Are Chofen by the aflent of all, fo li^ewfe not any 
of them fhould be removed, or deprived of his Office, wit Lout Common afTent. 7 hat 
one of them being tak^n away s by the election and affent of the tjcree, another fhoull bet 
fubfti Sited with n two moneths. Neit e* without them, but when there ft) all be n'ceffitie> 
and at iheir EUGi n^majaLmtet again.That the Writs irr.pctruted again ft tie Law and 
Cuftimtof the R?*lme, fbouU be utterly rtvok^i and canceled. That Sentence [h u'd 
be given ag tinft the Contradiclors, That 1 hey ftj ould oblige one another to execute all this 
by a mutuall Oath. Thit the lufticiar and ^ hanccilor fhould be chofen by the generall 
Voices of all the States aflcmblcd : andbecaufe they oh\U to be freq-ctly with the 
& ing, may be of the r umber of the Confervators* And if the King ly a y intervencnt 
•exsfirn fbai takeaway hiiSealefrom the Chancellor ,wb tfoevo ft) J be (ealcdmthe 
r /w, fhal be reputed void and jruftratejili reftttat. o< of it be made to the C •a* cello**-. 
That None be fubflituted Chancellor, or Iufticiar, but by the Vniverfall affembly and 
j ircc affent of all. That Twj luftices may be chofen of the Tench ; Tno B irons of the 
I Exchequer ordained: tA»dat leaft Q is luftc rf the liWes atputed: That at t? is 
J turn* AW the faid Officers fhouli be Made and Confiituted by the Common Vnivci- 
■ fall and Prec Election of All, T-Mtltkea* they w re to bsutdlc the bMnzfas it AA t Sc 
^ e*Amineor um EUcltcnem csKcur a' *ffe?fus b«gn!m m ; SoLheWfc For thar KLcti 
j on the ^iTent of all {h >uld Concur. <^*d< forwards, when there fb*lUx netdtoftd 
I Ure another in any ef the pre fatdP la e>, bi Sub flit utter. flaR be made b j ibeTrtvifi.n 
' tniAutontyoftheEcue Cwfc Us afrefud. Tasutbojc ki.hn* f*ff*tt d t an J le[fe 

G n.ceff.ry 



J ° J he Parliaments Inter eft in^ and Right to Nominate 

~~ ■ ■ » , 

' J necejfarj pjontt b* removed > rem t be k-*g s fide. But whiles thefe bulincflcs,cver profita- 

ble to the Common- wealth, had bcene diligently handled by the Lords for three 
weekcsfpaccjthccncmieof mankindc, the difturber of peace, the raifcrof ledition 
the devill (as Afjnlew Paris writes ^ unhappily hindrcd all thefe things by the Popes 
avarice,chrough thecomming of Mvtin* new Legate, with a la f ger power then any 
ever had before to exacl upon the ftate; the interposition of which bufineffc in Parlia- 
ment,whcre it received a peremptory repulfe, tookc up fo much time, that the former 
could not be fully concluded during that Parliament, Whereupon after this, in the 
» mt. Weft, yeare 1 248. h king Hsnrj calling a general! Parliament at Lor.aw, to take an cffeclu- 
v*?Mi48.p, allcourfcforthcfetlingofthediftraflionsand grievances of the Realmc;& therein dc- 
**9 *3 i\ manding an aydc; he was grievoufly reprehended for this, That he was not afhamed 
Mat. Paris, tncn t0 demand fjch an ayd, cfpecially becaule when he laft before demanded fuch an 
^"o 7 4 j 5t exaclton(towhkhtheNDblesin E<g'a*i would hardly affent) he granted by his 
see ' p. 41©,' Charter, that he would no more doe fuch an injury and grievance to his Nobles; they 
*u. Ukewifc blamed him for his profufc liberality to foreigners, on whom he wafted his 

Trcafure; for marrying the Nobles of the land againft their wills to ftrangcrsof bafc 
birth; for his bafe extortions on all forts of prople, his detaining the Lands of Biftiops 
arid Abbots long in his hands during vacancies, contrary to his coronation oath,&c. 
Bat the king wascfpcciallygricvouQy blamed by ail and everyone; who complained 
not a little, for that Title, a t his magnificent Predecejforx Kings have bad^Jufticrartum 
ttec C*nceUariHmkabet^ nee TbtfwartMTn, per commune con filmm Regni frovt deter ft 
&expediret % he'hAdHeithsr a chiefc Iuftice,oor Chancellor, nor Trcafurer made, by the 
Common Counccl! of the kingdomc as it was fitting and expedient; but fuch who fol- 
lowed bis plcafarc wbatfoevcr itwas, (o it were gainefull to him, and fuch as fought 
not the promotion of the Common-wealth, but their dtonc, by collating money, and 
procuring Wardfhip9, and Rents, flrft of all to themfelves ; (A cleare evidence, that 
fchefc Officers of the kingdome were uiually or right created by the Parliament, in this 
kings and his Anceftors times: ) Wnen the king heard this he blufhed, being confoun- 
ded in himfclfe^ knowing all thefe things to be moft true : he promifed therefore moft 
trucly and ccrtainely, that he would gladly rcforme all thefe things, hoping by fuch a 
humiliation, though fained , more readily to incline the hearts of all to his rcqucftj 
To whom, taking counccll together, and having beene oft enfnared by fuch promifes; 
they all gave this anfwer : This will be feene, and inafliort time it will manifeftry' 
appearc to all mens therefore we will yet pitiently cxpedt; and as the king will earrj 
him fdfe towards us, fo we will obey him in all things : Whereupon all things were 
put off and adjourned till 1 5 , dayes after Sainton Baptifts fcaft- Bat the king in tttrl 
* Thefe ill m eane time, obdurated cither by disowns fpint, or by his Courtiers, who would no 
^ r ^ t cc t ^" t rs have his povverweakned^ and being more exafperated againft his people, regardec 
th e ?c is a no * t0 ma ^ c tnc ^ ca ^ reformation in the fore fay d cxccfTes, according as he had proroi. 
grcatvaftcUf* ftd co his leige people, but infteed thereof, when allthc Nobles and Parliament me I 
fcrencebe- againc at the d*y prefixed, firmely bclecving that the king, according to promifei 
tweeneprj- . wcrtl j j reforms his errors, and follow wholefomc councells, gave them this diipleal 
feVvam$ C of ^ n g anf .very by bis ill Councellours ; (from whom his Ma jetties eviil advif:rs late!;! 
the king, and borrowed ic.) You wou!d,all Ye Primates ofEvg'and, very uncivilly bind your Lor«<- 
puh!i ke Of- the king,toyour will,and impofeonhiman over-ler vile condition, whiles you woul 
c^rsofthe impudently deny co him-, that -which is lawful! to every one of your fclves. Veril» 
!h* fkeir Ar« lt IS law ^ to * ycrv onc > t0 u ^ c vvhofe and what counccll he lifleth. * Moreover it j 
^umcnt'is bvt Uwfuft to every/ hou&sAder to preferrc to,, out by, or deoofc fiom this or that office 



And Elttt Privie Cwncellottrs^ State Officers t <wd J-udgcs. j i 



any of his houiliold, which yet you rafh'yprcfumo to deny toj our Lurd the king; el- , • 

peciajiy when the fervants ought not at ail to judge their Lord, nor the vafialls their ' 

Prince; nor to rrflrainc him wirh their condition*; Yea verily, who ever are reputed 
* inferiors, ougHrathcr tobc direfttti by the pteatutt of their Lord, and to be re- + R 
gulatedbyhis will; for the iervant is rot above his L rd,noryetthc Dilcipleaicvc w j 10 "[ J,^, 
his Mailer. Therefore he fhould not be as ycur kinq, but as your fcrvant, if he fliculd ament and 
be thus inclined to your will. W hercfurc be vv 11 neither remove Chanccllour, ncr In- kingdcmc 
fticc, norTreaiurcr, as you bavc propounded to him to doe; neither will he (ubftitutc which t,K r 
others in their place s : He likcwilc gave a cavillirg aniwer to the other Articles r€ P rcfcnic< * 
though wholfome enough to the kirg, & demanded an 3yd to recover his right in for- fcriowbiu" 
raigncparts. WhenthcBarrons heard this anfwer, itappeared more eleerc then the above the 
light, that thefe things fprung from thefc ill Councellouis, wh©fe weakened power king himfdf 
wcuid be utterly blowncup, if the Counceli of all the Baronage (hould be harkened ^ h ? wa$ buc 
to; Wherefore they all gave this unanimous peremptory anfwer; That they W^^d dom«0(fi- 
grant no aydc at all to impoverifh thcmfclves, and ftrcngthen the enemves of the king c er and putC 
and ktngdomc : and fo the Parliament being diflblved with indignation, nnuf^uifque like fervanr; 
Jpefrdvdatus a Ptit lament ojruflradiu exptft*to t r.ibtl r.lfi ftfittxs, Cum friwtu* *m$Jfrj andfothii 
Uforibfu (tin expenfis Htfolcnt fdfWtreptrtarunt. Which when the kingbad iccnc ^* ronma< k 
be wai put inc a vehement anger, andfaid to his Counccl lours,- Behold by yon the Jh^fof 8111 
hearts of my Nobles arc turned from me; Behold I am like to lofc Ga/coignr, Piyteh-s the king. 
is fpoylcd;and I am deftituteof Trcafure;What (hall I do. W hereupon to fatisfie him 
they caufed his Plate and Icwcls to befold,& invented fundry new pro/efts toraife mo * Mat Pjr - 
nies. The very * next ycare 1 249. the Lords aflcmbling againe at London at the j^ ,p * 7 *£' 
endof Efftcrpredcd the king with his promife made unto thcm,That the cbicfclufti* 2t1t p * ** 
ciar,ChaunccIlour,and Treasurer might BE CONSTITVTED BY THE GENE- 
RALL CONSENT OF THE KINGDOME; which they molt certainely be- 
leevedthey (hould obtainc .-butbyrcafonof thcabfcncc of Richard Earleof Come- *z)*H.p.i7i: 
w*/,which wasthought tobc of purpofc, they returned fruflrateof their defuc for that »7*« 
time, • At.no 1 254. in another Parliament fummoncd at London^ inEafterTcarme, 
the Lords and Commons require and claimc againe their former Rights in eledirgthe 
Iufticiar,Chauncelior,andTrearurcr, but after much debate the Parliament is pro- 
roged, and nothing concluded. But the Lords and Commons would not be thus 
dc'udcd of their right, which to regainc, they drained their IurifdicTion to an higher 1 ^ 1T p dr ; 
Note than ever they had done before. Tor inthc^eare 1258. the Barons (ceingthc 940 941.9/1 
Realmealmoft destroyed with Taxcs,and cxaftio; s and Pcittouines>todominccTc>and 960. on.x, 
rule all things in E»r W, effectually to redrcfle thelc grievances, and rcformc the Mfl"** 
Statcof the Rcalme.in a Parliament at xf or d y ( to which they came very well armed/ 1 ** 8t0 l * 6z 
by advrifcoffomcBiibopsj among other Articles, they demanded of the king, TMfr 3co.3rl.to 
fiich a one (hould be chicfc Iu liciar who woul J judge according to Right, &c. A.^d 3 1 1. ']• abiav. 
that 24. pothers write ii.) prrlons (whom F*bUnhiks the Dcu^e p ceres) iliould ? '".7 p 6i. 
there be chofen, to have the whole administration of the king and (late (by reafon of to 7$Gr<j/.p. 
the kings former mifgovemment) and the yearely appointing of *tt great Offer ty re- ^iV* *? 
Icrvingonely totheki; gthehigheft place at Meetings, and falutations ot honour in 6$6.&c. h . 
publike places. To which Articles the king, and his ionnc Prince Ed \\ird y cut of feare, ItojbtdJDtn, 
not oncly aflcntcd and fubfcribcd,but likewife tooke a folcmnc oath to performe them 5 *t*w$nA 0- 
all the Lords and Bilhops taking then the like oath, to held and maintainc thefc Arti- lhtr$ " 
clcs inviolably; and further they made all that would abide in the kingdome, to fweare 
alfotothem;thCiirchbi(hopsand Bifhopsfblemneiyaccurfmg all fuchas fhould Re- 

G z bell 



5i The Parliaments Inter cfi inland Right to nominate 

bell 2gainft them Which Articles the king and his Cm labouring by force of Ernies to 
r annull, they were not with! tan ding enforced to continue in three or fourc fabfequcnt 

Parliaments. By v:rtueof trufc Articles enacted thus in Parliament, thof© Lords 
notonely removed old tbiri fes of Counties appointed by the king, and put in new of 
their ownechufing- butlikcwife difplaced Tbify Lovt/lthc kings. 7> <fuwr t with 
divers Officers of the Exchequer, and fundry or the kings mer»i?,U fervants, letting 
others whom che> liked in their places^ and made Hugh Bygod t Lord Chiefe Juftice, 
who executed chat Office valiantly and jaftly, nu'U enus jer m it. rsjm Regni v*c$s*A* 
creating like wife a new Chauncellour and removing the old. 

Afterrhis in a Parliament at London, Anno i i6o t they confuted about the electing 
of new Iuftices, and of the Chanccllour and Trcafurer of England for the following 
yeare, (thefe places being made annuall by the former Parliament- ) in purfuance 
whereof, Hugh'SigodhisyzMt expiring, Hugh Spenfer was by the Lords and Palia- 
mem appointed to behisiucccfi"or,and made Lord fa*f e Juftice: and U{emfe Keeper 
* Sec f ranch W-^ Tower of London, by the confent rfthe King and Batons . and by authority of this 
r b in his Ca- Parliament the Abbot of Burgh, fucceeded John de {rakfdate in the Tr afurerjhi? , and 
talogue of the great Seah \ of England was by them committed to the cuftody of* Richard 
Chancellors tnc Rijbof.of Ely. The very next years 1261. the Barons, with the confent of the 
Qi f n jl <l j d ' 1 fele&ed Peeres, difcharged Hugh Sfenfer of his chiefe Juftice (hip, when his yeare was 
^frTii?*, ■ ^rcd* * n <* fobftjtutcd Sk Philip 'Bajfct in his roorne; In which ycere the King ap. 
°d inieis Hi- . "-pointed Iuftices of Eyre through England, without the Lords, contrary tothcPro- 
&9 r y»P«*3?» vifionsof the : Parliament %XO xfordi they comming to Hereford to kcepc a Scflions 
*9 Si j there, and fommoning the County to appeare before them on Hockedaj; divers chiefe 

men of thtfe-parts, who fided wirn the Barransatfembled together, and (kidly com- 
manded chofejludges noctoprefuiGCtofi^againft the Ordinances of .Oxford; neither 
would any other of the people anf w ere them in any thing : whereupon acquainting 
the King with this oppofition,they departed thence without doing ought; and the 
King making this yeare new Shiriefs in every County ,difplacing thofc the Baronshad. 
made; the inhabitants of each County hereupon manfully rcpuHed them, and would 1 
? not.obcy,norregardjnoraafwerethemin any things whereat the King was much 
vexed in minde : and upon a fceming fhew of reconciliation to the Barons, going to 
D over, and Roch?fter CaftU s ('committed to the Barons cuftody for the Kingdomes 
fafctyjthey permitted him to enter peaceably into them without any refinance : Vp- 
on which, minding to break^his former oathes for the keeping of the Oxford Articles. 
hc.fir ft feifcth upon thefe and other Caftlcs, aud then comming to ivinchefter Cajtk 
wherche had free. entrance permittedhitn by thcBarors fwfco fufpeded no ill dea« 
. ling) he tooke it into his owne cuftody* whether he called to him the ChPfe Juftc<< 
a^4 Qhamcfilh? , not lor g before made that yeare, by the Barons; commanding then: 
ro deliver up the Sealc and Iuftices Roles unto him; whoanfwered,that they could bj 
no meancs doc i^without the Barons confent and pleafurc concurring. \vi:h the Kings 
with which anfwerc the King being moved, prefently without confjltirg with th« 
Bironage,made^^/^rv%^»Chaui3q«llour r and the Lord Philip Baft Chiefe Iir, 
ftice to him and the Kingdome; removing thofc the Barons had appointed from thof« 
and other. places. Which the Barons hearing of , onfidering thdr this t*m contrary t \ J 
1 b:& md their p'ovifxes r and fearing leaftifthe King jbould thus frefuwe, he~ would wt I 
ter/j fobvert the ftatute^ of Oxford^ thereupon they ported ro the King, <gu4rdedrwit \ 
arrnes and iower^ and changed him with the breach. of hid oath^ forcing him atkft fc 
r ' u ^ *g #^ r, c c *5SWSifep?l Which the King foone violating^ the JSarrons a». 



and Eiett Privie Counfdkrs^ State officers, and fudges. 5 3 



hcraifed great 1 orces, met and fought a bloody battle at lents'mSHjx] whereafter 
the lode or iccoo.mcn,tl:c King and his lonnc Pritct f^r^wi h iiindry Lordb of ) 

his party were taken and brought Prifoncrs to Lor.d n • v* here til the Prcbrcs, I-ar Ic« s 
and B-irons, meeting in Parliament (Annoi 265 as Malik tw Weflm<r,ftcr computes it j 
made new Ordinances for the Government of the Rcalme; appointing among other 
things, that 2 Larks, and one B:iliop elected by the Commons fhould cbofc 9 01 ha 
pcrfors, of which 3 fh ;uld it ill aflitt the King; and by the Councdl or thofethrcc and 
the other nine, all things fhould be ordered, as well in the Kings Houfe as in the K iog- 
dome, and that the King lhould have no power at all to doc any thing without their 
Council and alknt, or atJcaft without the advifeof 3.01 them. To which Articles 
the King {bj rrafo 1 of menaces to h m t to eU 8 another King) and Prince Edw. rd ( 
/fare of p*rpt p/aU Imprifo? mnt if tl.ey co*f:ntei not) u ere enforced to alicnt; sll the 
Bilhop?, Earlcs,and tfarrons contenting to them, and fettirg their fealcs to the inftru- 
rnent wherein thefc Articles u crcconteined. After which the Earle of Leicefter and 
his two fcnncsj being 3. of the Undivided all the KtngsCartlesandftrcng holds be- 
tweene them, and bellowed all the chicfe Offices in the Kings houfe, upon his Capital! 
eftcmies; which indifcrcctc difloyall carriage of theirs, much offended notonelythe 
A'i**^and P> i r .c ,but the Earle of Clocefter and other of the Barons; fo that they fell off 
from the Earle to the King and Prince, and in a battle at Exfiam (lew the Earle, and 
molt of his Partifans; afcer which vicftory the King calling a Parliament at Winchefcr, 
utterly repealed and vacated thofe former Ordinances : which had they onely dc- 
maunded the Nomination of great Officers, C ounlcllours, and Judges to the Xing, and 
not entrenched fofarre upon his Pi erogative, as to wrcftall his Royall power out of 
his bands, not onely over his Kingdome, but houlliold to«I doubt not but they had been 
willingly cordefcendedto by the King and Prince at reafonable, and not have occa- 
Honed fuch tlocdy wanes, to repealcthemby force. 

In King Edwa d the fecond his Rdgne, the Lords and Commons by on Ordinance of - 
Parliament, having banifhed out of Court and Kingdomc Pierce G>ivcflon, his vicious 
favorite, and pernicious grand Councellour) in a e Purlia-n-nt held at JVamicke^ nomi- ) Milium- 
narcdandconlHtutedH/^^^^rthcfonne.to be the K>ngs Chamh#l*l*e\ and in "w ™ 7 *' !c 
that Parliament further ena^ed;. that certainc Prelates and other Grandees o^thc^^^^ 
Rcaimc fhould remains nccrc th: King by turncs, at fc.t (talons of the yeare, to ccun- p xrttX t JO ; 
fell the King bettc, without whom, no great bufincflc ought tobe done: challenging 'spced^e^. 
(ver tts Speed) by fundry Ordinances made by them in Parliament, not onely a power e ?*>* 6 * o. *ee 
to reforic the Kings houfe and Counccll , and TO PLACE AND DISPLACE ¥*$*£*** 
ALL. GREAT OVFJCERS AT THEIR PLEASVRE,butcvcnaioyntinrcrcft eH. ' 

in the Regimcr t of the Kingdomc. After which the Spenftrs cngrofling the folc Re- 
giment of the King and Kingdomc tothcrnf:lves,and excluding thofe Lords from the 
King,appointcdby the Parliament toadvife hiro,norfurY,:ripg the King fo much as to . 
fpeakc with them but in their prefence; they werefor this and other c fences banifhed 
the Land by A^t of Parliaoncnt. This K'ng towards the end of his raigne, after the 
Quccnesarrivall with her Armic, obfeuring himfelfe and not appearing; by f advife if) sped. ?h 
Anictnftnt of the Lerds, the Dnk« if dejHttaine was made High Keeper. of SngUn /, 68o# 
and they as to the C H fl ot °f *bi fame did [ware himfuiltj* and by them Robert Bah 
dock^ Lord Chancellcur was rcmcved,the Bifhop of Norwich made Chauncellourof 
the Rcaimc, and the Bifliop of tvinc&fter Lord Trcafurcr, without the Kings af- \ 
lent. 

In the 1 5 . yeare of King 6 dmrd the 3* chap. 3 . 4-thcrc was this excellent La^v en- 

£* 3 *&*% - x 



5^ 7 he Parliaments Inter ejtin, and Right to Nominate 



acted. Becaufe the points of the great Charter bs bUmipsed in divers manners, and lejfe 
I well h olden t'oen they ought to be, to the great per ill and flounder of the King, and dam* 

mage of the People \efpecwlly in as much a* Cl er k**y Peeres of the Land, and othtr free- 
men be arreted and imp y ifoned } and outedof their go ds and Cartels, which were not ap~ 
pealed nor indighted, nor fuite of the ptrty atainfl them, affirmed; It is accorded and of- 
fen ted, that henceforth fuck things Jhall not be done. Andifany ^Minister of the Kings t 
* N lis. or ot ^ sr f er [ on rfwhat condition he be, do or come againfi tny put of th great C^rttr t 
Andchc like or other fiat utes, or the Lowes of the Land, he Jhall awfwere to the Parliament, as rrellat^ 
Law wasen- the fuite of ' th? King, as at the fuite of the party , where no remedy nor punifiment 
adedin.i.H. wai ordained before this time, as farre forth WHERE IT WAS DONE BT 
+. Fabian, COMMISSION OF THE KING, as of his owne Authority, notwithftanding the 
pa«.7.p- 5 7 • Q r Ai nanCe ma j e y e f ore t fc time at Northampton, which by ajfent of the King y the Prelates, 
E«rles t and Barrens, and the Commonalty of the Land, in this p*efent Parliament h 
repealed, and utterly Sfannllcd. <±And that the Chauncellour, Treafurer, Barons and 
Chauncellcr of the Efchequer^ the Juftices of the cne 'Bench and of the other, fuftices ajfig* 
ncdin thefounty, Steward and Chamber laine of the Kings houfe, Keeper of the Privie 
Seah, Treafurer of the Wardrobe, Controulers, and they that bechiefe deputed to abide 
nigh the Kings Sonne Du\e of CorncVteW, Jhall be now fvorne in this Parliament , and fo 
from henceforth at all times that they (hall be put in Office, Co keepc and maintainc 
the Privilcdges and Franchifcs of holy Church, and the points of the great Charter and 
the Charter of the Forrcft and all other Statutes, without breaking any point. Item,u 
is aflTcrrtcdjthat if ANT THE OFFICERS AFORESAID., or chiefc Clcrke fc 
the Common Bench,or the Kings Bench, by death or other caule be ootof his Office^ 
that our Soveraigne Lord the King BTTHE ACCORD OF HIS GREAT MEN 
which fliall be found moftnigheft in the County, which he (hall take towards him, 
and by good fixKcell which he jhall have about him^jhall yut another convenient into tht 
fayd Off <r, which (lull be fworne after the forme aforcfayd. And that in every Par 
Hamentatthethirddayofthe fame Parliament, the King (hall take to his hands th< 
Offices of alltheMiniftcrs aforefayd ; and fo ihall they abides or 5. daycs,cxccp 
the Of ikes of Iufticcsof the one place and the other, Iuftices afligncd, Barons o 
the Efchequer; fo alwayes that they and all ether Miniflers be put to arifwer to even 
complaint. And if default be found in any of the fayd Ministers by complaint or othe 
manner, and of that be attainted in the Parliament, he fcall be punifhed by j'udgemen 
of his Peeres out of his Office, and other convenient fet in his place, And upon th 
famc,ourfayd Soveraigne Lord the King (halldoctobc pronounced to make execu 
tion without dchy according to the Judgement of the fayd T> teres in the Parliament* LoJ 
here an expretfe Act of Parliaments ordained and eftablifhcd by King Edward th 
Preamble of tn ^' by aifcnt of the Prelates, Earles, Barons, and other great men, and of all th; 
thisftatmc Commonalty of the Realm, which this king did give and grant for him and his heircj; 
accordingly firmely to be kept and holdcn for ever,- that all great Officers, Barons, Iudgcs and Iu; 
totheStatuts ftj C csof the kingdome, and chicfc attendants about the king and Prince, (hould ncl 
at large. on cly take the fore-mentioned Oath, but be elected alwayes by the accord of th 
location of g rcatmcn > anc * goodCouncellnearc and aboutthc king, out of Parliament, and b 
the^tatucc tn ePecfes in Parliament, and the king bound to make execution according to the 
the fame Judgement. This Law fas I conceive) was never legally repealed by Parliament, bi 
yearcbyPro- onely by this kings h Proclamation, by the ill advice and forced confents of foir 
^^i^fcwl-ordsancl Councellours about him; upon pretence, that he never freely affente 
^largcT^ t0 '*** k ut ty diffimulation onely to obtaine his ownc ends, that Parliament, which el 

wou: 



and E left Privte Councilors, State officers, and Judges. 5 5 



would have mifcarricd and broken up in difcontent had not this Law becne granted in 
manner a fore fa.d. Whichconfidcration makes mt confident, that the Parliament be- 
ing fo eager to obiainc this Law, would never fo (oonc yedd wholly to repealc it, and 
[b for cughc I know it Hands yet in force, to j\iftitic the prefent Parliaments claimc in 
this particular. la a. E. 3.C. 8.14..E. 3.^5. 18. E. 3. Stat. 3. 10. E % 3.C. i.a. 3; 
iivers notable Oathes are prefcribed to Iudgcs, lulticcsand other Officers, and that 
:hcy fhill not delay nor forbcarc to doc righc for the kings great or little Sealc, or any 
ctters from him or any other, but goc forth to doc the Law, notwithstanding them: 
In thcyearc 1 $75.^50, of Edward the 3. his raigne, a * Parliament 3 (commonly a pf/alpn,Hiff, 
Mcdthe^ood Parliament by our Hiftoriansj being aflcmblcd, the king required a ^>/.p. 1 85. 
>ubfidieby rcafonof hiswarrcsj to which the Commons anfwered; that they could , 8^i87f'd- 
10 longer bearc^ch charges, confidering the manifold molt grievous burdens they ^o' F r art 'J'^ 
lad from time to time borne before: and that they knew full well, that the king was ^0*^1 ' 
ich enough to defend him and hisland,ifhi$ Land and the IVcafurc were well gaided Spcelyjxz'. 
md governed; butithadbecnclongcvillrulcdby cvill Oncers, fo that the Land could Hol..Tpo<Hf. 
lot bcplcnreous neither with Merchandize, charTcr, nor riches. By rcafon whereof, Ver/ /^ P.M 4. 
tnd of their importunate charges the Commonalty was generally impovcrifhed. x ^' 
Moreover, the Commons complained upon divers Officers that were the caufcrs of 
his mif-ordcr, whereof the Lord Latimer, then Lord Chamberlainc was principall, 
indDame Alice Tiers the kings concubine, (who would ufually in moft impudent 
ntnner come in pcrfon into all Courts of Iufticc, and fitting by the Iudgcs and Do- 
tors, perfwade or dilTwadethem to judge againft the Law for her owne advantage-, 
>nthat fide for which fhe was enqagedj to the great fcandall and diflionour of the 
cing,both in his own and other Realmcsrjand Sir Richard Scurry Knight, by whoic 
Dounccllsandfini r Tcrmeanes the king was mif guided, and the government of the 
.anddifordered. Wherefore they prayed by the mouth of their Speaker, Sir Piers de 
4 M *re, that the faid per Ions with others, might be removed from the king, and o- 
hers to be fct in authority about his perfon, as fhould fct vc for his honour and for the 
vealeof his Realme. Which requeft of the Commons by meanesof the Noble Prince 
Edward was accepted; fo that the faid perfons , with the Duke of Lancafler and o- 
hers, were removed from the king; and other Lords by atvife of the fay d Ptivce, 
wd other wife Lords of the Realme; & per Par hams* turn fr^diilum, writes Walfi>tg- 
am, were put in their places, fuch as the Prince and Peers thought fitteft. Moreover 
n this Parliament, at the Petition of the Commons ic was Ordained, that certainc 
>*mops, Earles, and other Lords fhould from thence forth govcrnc bo:h the king and 
Lingdome (the king being then in his dotage unable to governc himfclfe or the king- 
lomej becaufc the king wasgrowneold and wanted fuch govcrnours. This patfagc 
s thus cxprcfTcd in the Parliament Roll of 50. £.3. numb. 10. Alfo th> Commons 
a -fibrin: the mij%hi-fej of the L*ndfljcwedto King and Lords of ths Parliament-, that 
t [ball be for the honour of the King ardprcfitof all the Readme, which u novo g^ievedin 
livers manners by may adverfttics, at welt by the warres of France, S paint, Jr dandy 
Inyn. B ere t*tgne,*>idc! fen here, as like wife by the Officers who hav? beene accuftomtd 
be about the King, wfo'reno' fufficient at all without other affi fiance for fo great a 
\ovfr%mfht^h:re]ore they pray that the Counce II of ow Lord the King^ be enforced for 
nade up) of the Lords of the Land, Prelates and others,to the number of\ o. or I 2 . ( which 
m A ingfl) d'pleafe) to remaine continually which the King in fuch manner, th*t no great 
wjintffe P.iallp i[fe or be thne decreed without all their affents and alvife 5 and that o'her 
'$*rhHftneffesJbdl be ordered by tfoajfenttf 6 % or+ of themaj Jeafl } according as the 

talk* 






5 6 The Parliaments Inter eft in^ and Right to Nominate 

>«* ■ i ' ' .. i . i — — — _——————————« 

p y cafejhall require ; fo that: at leaft6 % or 4. of fuch Counfellors fha 'I be continually refident 

' fo councell the King And our Lord the King, conjider'wg the fa ; d * equeft to be honoura- 

ble and vert profitable to him, atUo all hit Realme^ hath thereto affente i : provided aU 
Tvtyes that the Cbzn"el!ou+, Treafwer^ or Keep r of the Vrivy fea(e t ardall othlr Offictrs 
of th; King, mij execute, ani dtfpatch tbt bufenejfes belonging to their Offi ef y vithout 
the prefence of th fay iCo'tnc 'Hours , the which the King hath a]pgn:d t .&c. But this 
Ordinance lafted icarce three moneths, for after the Commons had granted a Subfidic 
of 4 pence the pole of all above 1 4 yearcs old except bcggers,Prince Edward dying,& 
the Parliament determining, theferemoved-ill-officers got into the Court, and their 
offices againe; and by the instance and power of Alice Virs, the Speaker, Z> U Mare 
(a) Wtiifaf* wasaijuigedcoperpetuallprifoniniV^/»^wCa(llc, ("an aft without example in 
*ff' Ani [%l* former times, and whichdid no good in this) where he remained prifoner two yearcs 
)?un.Tbin his fp ace > though his friends very oft petitioned for his libcrtic * aid ° John a Gaunt Duke 
Catalogue of of Lancaflsr(m\&t Regent of the Rcalme becaufc of the Kings irrecoverable infir mi - 
Proted >rs, t y) f u nmoning a Parliament the ycare following, repealed the Statutes made in this 
HeUnflwoVi. gooc [ Parliamcnr, to the Subjects great difcontcnt, who were carneft fuiters to the 
loiiJJr'dlfu ^ J ^ 5 ^ or ^ ^ ^ ' ms inkrg-ment and lcgall triail, which being denyed, the Lon- 
rpod'^t doners upon this and other difcontents tooke armes, aflaulted the Duke, fpoyled his 
N«f/?.p.M4. houfj at the Savoy, and hungup his armes reyerfed, in figne of Treafon in all the 
1 j j. 1 t f. chiefe ftrje.es of London. But in the firft yeare of Richa^dthc fecond* in a p Parliament 
r^wi t w ztLon ^ n t Ptt'rDc U Martini AmoRdl the Knights (which playd their parts fo 
2 *7-*j .* • wc jij nt j lc g O0C [ Parliament for the incrcafe of their Countrey and benefit of the 
pjpW/^Hift Realm :) returning their Petitions, caufed Alice Tiers ('who contemning the Ac! of 
idyl. S»-». P arliament, ani the oaches wherewith [he had bound her felfe, prcfumed t© enter thG 
R 2 p. 198. Kings Court, to pcrfvyade and impetratc from him whatfocver (he pleafcdj to be ba- 
ft 9?$petd*Y4 nifh :d, and all her movables and immovables to be confiscated to the King, notwith- 
(landing (he had corrupted with money, divers of the Lords and Lawyers of Eng 
land, to fpeake not onely privately, butpublicksly in her bchalfe. 

* AwiDom 1237, K'*g Henry the 3 d . fommoning a Parliament at London, be- 
IJ1 U P(trt * cau k xt feenv:d iome what hard to (equcfter all his prefent Council from him fodenly 
* i. %]mtl t as rc P r °bate, !t was concluded, that the E?rle iVarran y Wilba -n de F<rr*riu, and Joht 
p.157. Fitn-Geofrey ihould be added tohisPrivicCounfelljwhom theKing caufed tofwearc 

That by no mcanes neither through gifts, nor any other manner they fhould deviate 
from the way of truth, but (hould give good and wholcfome councell both to tb< 
king himself and the Kingdomc. Whereupon they granted him a Subfidie of the thirti 
cch pirt ofth:ir goo is,upon condition; that from thcnceforth,and ever after forfakin^ 
• the Councell of Grangers and all unnaturall ones (qui femper fui &non Regni amic e§ 
confuevt unt, & Regn bona d (Irahere, non aiuna e) he fhouid adhere to the counfc] 
of his faith full and natural! fub )tcl$ t Et fie foluto coxfihp non fine wteriori mur r.urstion 
Cfrmvlti coxcepta indg atione, eo quod cum difficult* te tanta Regis in m m ad falubr 
confilfum cant 'or 'querent; &confiliueo um 9 a quibui om»em hono em terrennm heb 1 
obfecundartnt, ad propria q rifq it re r,eavit< Buc this perfid eous King , & "Re^ni del p 
d*tor,as the Bironsand Hiftoriansftilc him, contrary to his folemne oath and promfi 
would norbe weaned from his evil 1 Councilors but retained them (till, tiilby fore 
of Armes they were removed andbaaifh^d. 
1 mlfixg.Hift* q * B c 1C i.ycarc of Richa'd the i^jvilli m Courtney Bifhop of London^Edm^n I Afe>;< 
jivglj.196. tym?r Earle of Ma*ch t and many others of whom the Common people had the be 
857. opinion, being good> wife, and famous men, were by publicke content appointc 

Cour 



aucf eleft Pri^y Councilors , State Officers , and Iudges 57 



In (/) the i.ycarcofKing Henry the 6. (being but 9. months old wjicn thcCroAnc 
jfeended) the Parliament funitnoncd by bis FatherM«ry the 5. ( as ivalfmgham V) ] "' al f»*&. 
miteO was ; in »6jV* By tSSENT OF ALL THE STslTEStfHmfrj™f'**bP. 

Dukrof gioucefter, WAS ELECTED JiND ORDAINED DBF ZNDEil Fabim.'sp ud\ 
nAND PROTECTOR OF ENGLAND intheabjer.ee of his elder Brother the Trufel.uHS.' 

' the Offices and Benefices of the Realm were committed to his 
d/fpjf tl //. In this Parliament fa (kange fight never before ken in E*gUnd)this Infant 
King, fitting in his Queen mothers lap, paffiedm Mayflickjnanner to vVe/rminiter,tfW 
there tool^ (late amon^ Alibis Lords , before he could tell what Englifjj meant , to exercife 
the place of Sover At gn dire El ion in open Parliament then affembled , to eftablifo the 
Crowne upon him. In the Parliament Rollsofthc j, yearcotthis King, I find many 
notable Paflagcs pertinent Co the prefcnC Theme, of which (for their rarity) J {hail 
giveyou the larger accounts Numb. I. There is a Commiffion in this Infant Kings 
y.amc dire fled to his Vncle Humfrey DukeofGloucciter,f0/#w/7?0# andholdthts Par- 
liament in t4:e Kings T^jtme andfteed, and commanding all the (JMembers of it, to at • 
tend the ftd r Dul\e therein: Which Qommtffion being fir ft read ; the Arch.bifhip of 
Canterbury taling this Theame,- The Traces of the People are ajfcmbled with God) 
declare* ^X avfes for which the Parliament was principal lyjummoncd.l. For the good 
governance of 'the per fon of 'the mofl excellent Prince the King. 2. For the good cok- 
:ion ofthcpcAoe, andt ! c due execution and accompltjhment of the Lawes of the 
L<nd. 3. For the goodandfafe defence of the R?almc Againft Enemies* q.Toprovtde 
honourable and decreet per fons of every EftAte,fsrthe goo dgover nance of the Realms 
According to Iethro his Counfell given to Mofes^c. Which Speech ended, Numb, 7, 
8 .9, io, 1 1. The receivers of aH forts ofPetitionsto the Parliament are defigned,3nd the 
Speaker oftheHoufe of Commons prefenccd, and accepted. Numb, 12. The Lords 
and Commons authorise, confent to, andennfirme the Commiffion made to the Duke in 
the Infant Kings T^jtme ,to fummm and hold this Parliament, (To that they authorize 
and confirme th.u very power by which they fate : ) With other Commijfions made 
under the Great Scale to [it ftices y Sheriffes ,Efchcatcrs t andother Officers , for the ne- 
cejjary execution of Iuflice. Numb. 1 3, and 14. The Bijbop of Durham, late 
eHourof England to Henry the 5 deccafed-, and the Bijhop of London ChanceU 
lour of the Dutchy of l^or man dy, fever ally fhew^th at upon King Henry the 5. hisde- 
ceafe they delivered up their fever all Se Ales y after their homAge And fealty fir ft made , 
to King Henry the 6 Jn the prefence of divers honourable perjons (whom they namep ar- 
ticular ly) dejinng the Lords to attefl their fnrrender of the [Aid SeAles at the time and 
place [pea ficd, which they did ; and thereupon they pray, that u fpeciall aU And entry 
thereof may be ma 'em the Parliament Rolls for their indemnity ; which is granted And 
tntred accordingly. 

Numb. 15. It ivas ena fled and provided by the faid Lord Commifftoncr, Lords and 
Commons', that wa ; much as rhe Inheritance of the Kingdomes and Crowns of France, 
England, and Ireland, were new lawfully defcended to the King, which title was not 
expreffedinthelnfcriftionsoftte Kings Settles, whereby great peril I might accrue to 
the King, ifthefaidmfcriptions were not reformedaccordwg to his Tit !c of Inheritance 
xhat tberf ore in All the Kings Seals , as wellm Englandas in Ireland, Guyen^ndyValeSj 
this new ft tie fjould be engraven , Henricus Dei Gratia, Rex Francis & Angliar, & 
Dominus Hibernia^ acccrdmgto theeffetl of his inheritances ; blotting out ,fth n- 

H "HhAtCVt* 



rg The Parliaments Imerefi w, and ktgln to nominate 



'( whatever was btfore in them fuperfiuous oy contrary to the faid ft ile ; and that command- 

fhould be given to all the keepers of the faid Seales of the King to reforwe them without 



delay, according to the forme and effietl of the new Seale afore/aid. 
Numb. 16. Duk^Humfr^ the Kings (fommifl ary , and the other 



'rfpirituall and tcm- 
e Spetksr and tfhoU 



per all Lords being fate in parliament, certaine Knights (ent by thi 
Houfe cf Commons came before them, and in the name and behalf of the J aid Commom 
nalty re que sled the faid Duke, that by the advifeof the faid spirit nail and Temporal 
Lords, fir the good government of the Realme of England, hew ould be pleafed to certifie 
the faid Commons, to their greater confelation, what ptrfons it would plesife the King to 
caufe to be ordained for the Offices of Chancellor and Treafurer of England, and Keeper 
ojbx Privie S eale : Vpon which requeftfo made, due confederation being had, and full 
advife taken ; andthefufficiencieofthofe perfons confidered .which deceafed Kirg Henry 
the Kings father now*, had in his difcretion ajfignedto thofe Offices as fitting enough: 
the KingfoKowing his Fathers example and advife, by the affent of the Lord Duke his 
Commtffary y and of all and every one of the Lords fpir it u all and temporally hath nomi- 
nated and ordained a new, the Reverend Father, Thomas Bi/hop of Durham to the Of* 
jfo^/^Chancellour of England, William KinwoirnarfhC/^r* the Office of Trea- 
furer of England, and Mr. John Stafford to the Office of the Keeper of the Privy Seale. i 
*s4ndhereup*HtheKingourL9rd wiUeth By THE ASSENT AND ADVISE 
afore faid,th at as well to the faid Chancellor of 'England , as to the faid Treafurer ofSng. 
land, and to the faid Keeper of hit Trivy Seale for the exercife of the faid Offices, feve- j 
rail letters patents fhould hemade in this forme : Henricus Deigracia Rex i/tnglia & j 
Francia & Dominns Hibemia, omnibus ad ejuos prafentes lit era pervenerint falutem. j 
Sci tisquodDe AVISAMENTO ET ASSENSV TOT1VS CON- 
S1LII NOSTRI IN PR/ESENTI PARLIAMENT© NOS- 
TRO EXiSTENTES, conftituimus venerabilem patrem Thomam Epifcom \ 
pum D unelmenfem, CANCELt ARIVM noflrnm A N G L I & ; dantes&\ 
concedentesDE AVISAMENTO ET ASSENSV PR&DICTIS, 
eidem Caneellario noftro,omnes & omnimodas aufboritatem & pot? flat cm ad omnia ea 
& fiugula qua ad offieium Cancellani <yfnglia,de iurefme confuet udine pertinent , feu 
qVQVu tempore pert mere confueverunt, &c. The like Patents verbatim, are in the- 
fame role {mutatis mutandis) made to the faid Trefurer of England and keeper of the 
privy feale* After which, the faid Duk?, by advice and affent of the Lords fpiritual 
and temp or all f ent the Arch- bifhop of Canterbury, the Bifhops cfwinchefter and Wor. 
cefier y the Duke of Excefter, the Earle of Warwick? f he Lords of Ferrers and Talbot 
to the (fommens \ thenbeing in the Qommons Houfe, and notified to the (fommonalty bj 
the faid Lords \thefe Officers to be nominated and ordained to the for ef aid Offices in fiorn 
afore faid. Vpon which notice Co given THESAID COMMON SWERE 
WELL CONTENTED with the nomination and ordination of the fore fate 
Officers fr m*de>rendring many thanks for this caufe to our Lord the King, and all th, 
f*i$d Lords t as was reported by the faid Lords in the behalf e of the Commons in th \ 
. ra ent. 
Numb. iy*.The Liberties y Annuities and Offices granted by King Henry the y 
*jtd his Ancefiorsto Soitldicrsinforrxigve parts,are confirmed by P arl$ament 9 and tbei 
grants ordered to be Sealed with the Kings nem Seal*s without paying any Fine* 

Naimba l%? Htnryjhc %*hi* ', :nd the Legacies therein given, are con fir. 

me 



and Eleft Prity Councillors^ State Officers, and ludges . jp 



medbj the Kw^s Letters Tatcvtf with the affertt of the Ljrds anaCmtmons in Parli- 
ament . 

Numb. ig. A fubfidy is granted to be imployedfor the defence of the Re *lmc of Eng- 
land t to which end the Lord frotellour promi/etb tt/640 bed'ltgently tmplojed. 

Numb. 2 ! . and !$♦ The Ktn? by a(l< nt of blithe Lords fpintnall and temporal! y mills 
And grants , that bid de*re ZJncietWX)^VecfG\o\ice.(kir frail have and enjoy the Office 
•///><? Chamberhine of Engbnd, and of the Qonfiablifnpof thefafileofGloucefav 
from the death of the Kings father , fo long as it frail pleafc the King, voith all the fees % 
profits and wages thereunto belongings in the fame manner as they were granted to htm 
by his Father, 

Numb. 24. The 17. d.ij of this Parliament ,the tender age of the King being confi- 
dered, that he could not perfonally attend in thefe day es the defence andproteclionof hts 
KtKgaome of England, and the Engli/b Church ; the fame King fully confident of the 
circumffeclmn and tndufirj of his mofi deare Vncles ,Iohn Duke of Bcdford,WHum- 
heyDi'kcofGloucefter^y^S,? NT A JSfJD ADVISE OF THE LORDS 
zs^cllSr'iT'nu^lajTemporal/.andLlKErrlSE OF THE CO MMO NS 
in this pre fent Parliament, hath ordtined andcouslitnted his faid uncleDakc of B :d- 
fa&.nGJ* btin* in forravrnc parts y l> ROT E C? R and DEFENDER 
OF' HIS Kllsijjn'OAI, and of the Church of £ngjand, and T R I N C '/- 
PA LL £ VN SE LLO R of our Lord the Kmg^and tb*t hefhall both be and cal- 
led? rotc&or anddefendor of the Kingdom, and the P rincipalGounceilor of the King 
himitlCe .if ter be /ball come into England, and repaire into the Kmgs)pre fence ; from 
thenceforth, as longe as he /ball fiajinthe Kingdom ; and it /ball pleafe the King. 
%And further ' our Lord the KiugBT THS FORES A IT> <A$SSNT 
and tAT> V ' IC £, hath ordained and appointed in the abfence of his faid Vnclc 
the D. of Bed for d y b is f 'or ej a id uncle the Duke of Gloceftcr now being in the \Realm of 
England, P ROT E £T 0%_of his faid Realmc andthcChnrch of England, and 
PRINCIPAL COV 2^C E LLO R of our faid Lord the King; and that 
thefatdDukejballbe^andbe called P ROTECTOR and D E F 8 N 1) R 
OF THS SAID RE ALM AN D C HVRCH OF ENGLAND, 
and that letters pattents of the Lord the King /ball be made in this form follow in g . 
Henricus Ttcigracia &c. Scitatis quodadeo tenera xtatcconftitutifumns, quod circa 
frotetlionem & Defeufionem Regmnofiri z/fngli* & Ecclefi* perfonaliter attendere 
nonpojfumus in prefentt- 2{j>s de circumfpetlione & in du fir i a char iff mi avunculi 
nofiri : Iohaor»isDucisBedfordinj,p/^»4w fiduciam reportswtes, DE ssfSSEN- 

ST ST %AVI^AMSNT0 tam d o minorvm, Qv^m 
DE ASSZNSr COMMVN ITATlS DlCTI rRf C N I AN- 
GLI^E IN INS T At NT I T>A RL I A ME NT O exifientium, ordmavi- 
mu4 £r confiituimut tpfum avmculum noflrum, ditli Re^ni nofiri Angli* 
EcclejU Anglican* P R T E £T R E OH ET DEFEN- 
SOR E<JM,AC COTiSlLlARlVCM N OST%V M P RINCIP A- 
LEM' y 0- cjuod ipfe ditti Regni nofiri Anglia & Ecclefi* Anglican* Pro- 
teflor & Defenfor y *c principalis confdiarius nofter fit 9 & nomwetur, tn & 
tuxta vim formam & effcElum cujufdam articuli IN DICTO P iAf%- 
LIAMENTO die datns prafenttum habiti E T CONCOR- 
DAT!: Provifo femper , quod prafatns tAvttnculw nofier^ nullum k«fr t 

H 2 Or t 



6o Tbs Parliaments Interefi in, and ^Jgbt to nominate 






aut gerat vigor e prafentiumpotepatem^ nee (icut prafatur nomine tur^nifi pro tempore 
quopr&fens hie in regno noftro Anglit fuerit, G^PROVT IN PR&DICTO 
ACTO CONTINETVR. guodque carijfnmx Avunculus nofler Dux Gh- 
eefirU, nobis in age nd is ditti Reg^i negotiis pofitffkm Avunc utum noftyum Dvccm 
Bedford!* PRINCIPALIS C ONSlL i A RI V S EXISTAT ET 
NO XI INETVR, quociens & quando pr<cfatum ^Avunculum noflrum Ducem 
BcdfordiiT infra Regnum noflrum A^gUx morart contingat* Confidentes tnfupcr ad 
plenum de circumjpettione & induflria pradiBi Avunculi noflri Dncis Gloceftri* 
DE ASSENSV ET AVISAMENTO P X^£D ICT I S 3 crdi- 
navimus & conflituimus ipfum nsfvunculum noslrum Duccm Gloceftriae, ditto Rea- 
no noftro ts4ngli& jam yr&fentem, ditli Regnv noctri Annti# & Ecclefi* A-arlicancZ 
^%PTECTO%EM ET < DEFENSO%EM l necnon C NS I LU 
AXIVM TS^OSTRP* M PRICIP AL E M, quociens & quando dill uw 
avunculumnoflrum Ducem Bedfordiae, extra Regnum noftrum Ang'iae morari & 
abejfeeontingat. Et quodipje avunculus nofler D ux GloccRrix Protector &Defen- 
for ' Regni nsftri Angltf, & Ecclefia Anglic ant, & Principalis Conjiharins nofler 
SIT ST NO MINETV%, IVXTA VIM F OR M A M& SFFE* 
QTV M ARTlCVLI P %^h D ICTI. Provifo femper , quod prtfattts 
avunculus ef* D uxGloccd.nuflumgerat aut habeat vigor e •prafentium potest at em y vet 
ut prttferturnommetur^ nifl pro tempore quoprafenshic in Regno noflro Anglic fuerit 
%nabfentia dicli avunculi noftri Ducts Bedford. & preut in pradicto articulo contine- . 
tur. Damn* autem univerfis & pngulis Archiepijcopu^Sptfcopis, Abbatibus^Prto- 
ribus, Ducihus, C omnibus, Baronibus ^rJMilitibus , & omnibus aliis fiddibus noslris 
ditli Regni #Q$~lri Anglia quorum inl ere fly tenorc prafentium firmtter in mandate 
quod tarn pr<zfato avunculo noflro Duel Bedford, quociens & quando protettionem & 
defenflonem hujufmodific habuerit & occupaverit,quam prafato avunculo no fro D u- 
ci Gloceftria:, quo ciens & quando ipfe con f miles Protettionem & Dcfenfioncm ha- 
buerit & occupaverit'tnpr&mtffisfacicndis, parear.t ohediant & intendant prout decet. 
In cujus reiteflimonium &c. which A& and Commifilon thus made, andthetenour of 
thembeing recited before the [aid Dukeof Gloiter, and (pint uall and temporall Lords • 
the /aid Duke having deliberated thereupon^ undertook at the requcfl of the f aid. , 
Lor ds , the burthen and exercife of his occupation, to tht honour of god, and profit of 
the King and Kingdom? * Prote fling notwithflandtng % that this hus ajfnmptiox or con- 
fent in, this part Jbould not any rvajes prejudice his for efaid Brother , but that his fat d 
Brother at his pleafure might ajfume his bnrthen of this k^nde, and deliberate and 
advife himfelfe , 

Numb,25. It is ordered by this Parliament, veh-it under Offices and Beni fees the 
Lords Protectors Jhould conferre,and in what manner. Numb. 26*. After the Lords, 
and Commons in Parliament had fet led and ordained the Protectors in forme afore [aid 
AT THE REQUEST OF THE SAID COMMONS,/k f ^BY 
ADVISE AND ASSENT OF ALL THE LORDS cert*i*e'fer- < 
fens ofefiate 9 as well Jpirituall as temporally N A MED AND ELECTED 
TO GOUNSELL AND ASSIST THE GOVERNANCE; 
whofe names written in a fmallfcedule, and read openly t were thefe ; the D uke of GIo- 
cefter, the Archbifhop of Canterbury, the Biftops of London,WinchcileriNorwich, 
Worccfter • the Duke of ExceRer „thc Earles of March, War wick s Marfliall, Nor- 
thumberland.. 



and tktt Prity Councellors % State Officers* and ludges 6 r 



humbcrland, Wcftmcrland; the Lord Fitz-hugh, MrHu^h Crimbvvcll, Mr Wal- 
cr HtinPcrford,\irIohnTiptofc,Mr Walrcr Bcauchamp* Numb 25 Theft per/ 
%w NAMED and CHOSEN COVNS'LLORS and ASSIS- 
r A N T S, after this nomination an. I tUBion^ccn itfeetteied t*t*ke fitch affi fiance 1 s 
he coz a nnoent m manner an J forme contained in a paptrfccdulc written in Enel$Jb i 
nth their names thereto , containing five (pectall articies t delivered in Parliament by 
the fat {pet ch fc >■ fottnfe/lorj afjl ft ant s y of which fccdule this is the tenure ', 

J he I oidi above! ud, been condi (tended to take it upen hem , in manner and 
forme tluc fu< th : Fir(t, for a< much as execution of Law and keeping of peace fiart 
much in luflice of peace, Sheriffs and Efchcators, the profits of the Kmg y and re- 
veres of the Realmc been J early encreafed, and augmented by Cuslomers, Controllers ■ 
p- iferSi Seacbers, and all fuck other Offices; then fore the fame Lords wo// and defircth, 
■ich Officers } and all other be made, byadvije ar.d denomination of the f aid Lords, 
a/way es andreferved to my Lords of Bcdfordyand cf Gloctiicr, all that lon- 
meth unto themjbj afpeciall Ail made in Parliament j and to the Btfhop of WmcUt ft c r 
that he hath granted htm by cur Soveraignc Lord that i 'aft was , and by authority of 
TarU.ir,:eut co, firmed. 

' Numb. 29. \\c\r\jh4t all mmncr Ward:, Mariages, Farmts^andoihcr c juAties 
that fanoetb to the £ronnc,wben tbey fall)be letten t fold, and dtfpofcd by the faid Lords 
oftle(fotmfell\ ar,d that indifferent ly at dear efl , without favour 3 or any manner par- 
ualtic or frond* 

Numb. 30. Item, that if any thirgfiould be enatl done by Counfcll, that fix orfourt 
at th. teaf} j without Officers, of thefaid Counfell be prefeni • and in all gnat matters 
that fh all 'pajfe by Counfell, that all beprcfent, or elfe the more party . And if it Ise fucb 
matter as the King hath be accuflomed to be ccunfelled of that then the faid Lords 
proceed not therein without the advifeofmy Lord of Bedford, or ^/Gloccflcr. 

Numb. 31. Item y for as much as the two Chamber laines of the Exchequer be or- 
e 1 of old time to ccntroule the receipts and payments in any manner wifemaed; 
the Lordysdefireth. that the Treafurer of England being for the time, and either of 
the Chamber Imncs'have a key of that thtt [bould come into the receipt, and that they 
be fir or ?:e to fore my Lord of Glcccfler, and all the Lords of the C ounfll; that for 
njfi'iendfiip they jhall make no man privy, but the Lords of the Counfell, what the 
King hath in his Treaforie. 

Numb, 32. Item, that the fclcrh^ofthe Counfell be charged and fworne to truly 
enatl and write daily the names of all the Lords that fh all beprefent fern time to time, 
to fee what, how, and by whom any thmgpaffeth. 

Numb. 33. And alter that all the Lords aforefaid had read before them the faid 
Articles in Pailiament, and had well eonfidered of them, and fully affented and ac- 
corded to them i the fccdule of piper, by ccrtainc of the Honourable Lo;dsof Par- 
liament on bchalfeofthc King and all the Lords in Parliament,vvas fent and delivered 
tothc Commons to be afecrtained of their intent : whereupon after the faid Com- 
mons hadadviicd, the faid Lords repeated in thefaid Parliament, that the Commons 
thanked all the Lords, and that THEY WERE WELL CONTEN- 
TED with all there contained in thefaid fccdule, WITH THIS, that to the 
firil of the faid Articles there fhould be added one claufe of parvciu, which the faid 
Lords repeated on the bchalfe of the faid Common?, who delivered it to them in 

H 3 Parliament 



62 The Parliaments Interejl w, and *l{ight to nominate 



~T~ Parliament in one parchment fccdule written in Fiench, the tenour wheieof 

enfueth. 

provided a/way es that the Lords, And other perfons, And Officers, which have eft ate y 
and authority, fome of inheritance ^fome for ter me of life ', and otherwife y to make and 
inftitutejby venue of their offices , deputy Officers , and Minifiers s -which appertaine to 
the '/?s to make of right ; and as annexed to them t and to their offices of ancient time 
accuftomedand ufed ; (hall not he retrained nor prejudiced, of that which appertaine s 
to them by colour of this Ordinance or appointment. To which parchment fcedule, and 
the contents thereof, read before the Lords in Parliament , the faid Lords well agreed ', 
and fully confented. 

Numb, 44« The Queen Mothers dower formerly agreed^ appointed, andfworne 
to by all the three eft ates in Parliament in g,H.j. was now againe,upon her Petition, 
confirmed andfetledbj the Parliament, after her husbands deceafe. And Numb. 41 . 
Per. 2. The (fommom petitioned, that it might then beenatled 3 that uo man nor wo^ 
man fhould thenceforth be compelled nor bound to anfwer before the Counftllor Chan- 
eery of the King, nor elftwhere, at the fuit or complaint of any perfbnfor any matter •; 
for which remedy by way of Allien was provided by the Common law ; arhl that no 
privy Seal?, nor fubpeent fhould tffue thence 3 before a Bill were fir ft there exhibited^ 
and alfo fully allowed by two fudges oft he one 2? enchaud other t that the complainant for 
matters and grievances in the faid Bill could have no action, nor remedy at all by the 
common law, &c. A good Law to prerent the Arbitrary proceedings of chefe Courts 
which are now too frequent, in fubvertion of the Common law. Lo here in this 
Parliament, we have a Lord Protector, Chancellor, Trefurcr, Keeper of the privy 
Scale, ChamberlaiRe, Privy Counfeliors , Conftables of Cartles, and mod other 
Officers of the King elected by Parliament ; yea, a CommirTion for calling and 
ho.'dingthis Parliament, confirmed by this Parliament when met ; the Kings ownc 
publike fcales altered and new made ; a new ttile conferred on the King, a Kings laft 
will, and a Queen? Dower, when fallen, confirmed by the Parliament, and the 
privy Councell, Court of Requeft, and Chancery limited by it, without any dimi- 
nution of the Kings prerogative royal 1 ? what injury ordifparagementthen can it 
be to his Majffl : cs royalties, to have his great Om*cers,CounfeIlers,aud Judges, thus 
nominatco and regulated in and by Parliament atthisprefentpfurcly ncneatall. 

In the Parliament Rolls of 4. H. 6* num* 8. 1 finde a CommiJJion grantedto John 

Sarlecf Bed ford, under the great fe ale {which was read in Parliament ) to fupply the 

Kings pi ace, and power in thu Parliament, and to doe all that the King himfelfe, either 

might or ought to doe therein ; bee aufe the King ( by reafon of his minority ) could not 

thereperfonally attend to doe it. Numb. 10 . The Commons, by a Petition, lamentably 

(»)4» H*6*u Complained of the great dif cords and divifions betweene cert tine great Lords t and 

olVvo/T^ privy Court ft Hers of the Kingdome; and more ejpectally, betweene the Duke of Glo- 

#.rf,p. 590! t© ceftcr Lord Preteclor, an! the B\tt\cp of Winchester Lord Chancellor, by which divert 

*co. inconveniences might happen to the !Z*alme, if not fpetdily accommodated: defiring\ 

(0) Fox vol,r, the DnfyofBcdfoid, and other Lords to accord them ; Vpon which the Lords tookx 

\ - 9 ^f° \A?* afolemne Oath to reconcile them, and made an accord between ' them ; whieh you may 

Grafion^tow reAe ^ At ^ ar & c in (^Hall, W Holinfhed, and (0) other cur Hiftsrians, and in the 

?>*fH,j*4, ' Parliament RollsjNumb, 12. 13. On the 13. day of March. Numb. iq.The Bifhop 

if, t. of Winchefler, Lord Chancellor of England^ for certaine caufes declared before tht 

Lord 



and Ele c l Trilty Councelhn, State Officers, and Judges. 63 

in Parliament, $nj}antly defiredto be difch. rqe i of his Office, trhicl they 

ring of and*// wing, he re 44 by the Lords difchtrec ! from his faid Office i and 
thefamc day tnltkj manner the Bt^op ofBstnCyTrcaf/irerofSngland^rejitefied to be 
from his Office^ which was th.it day done accordingly* Numb. 14. On the 
eighteenth day of March, John Bifh op of Bathe and WclUjatcTrcafurer of England, 
by vertue of a privy fealc direCied to him, brought the Kings great pollen feale i fea/cd 
up in a leather Bdg£e 7 t>:to the Parliament, And rea.'iy delivered it to the Sarle of 
Bedford , the Ktngt (^ommtffary ; who receiving it of the f aid Btfbcp, caufed it to be 
taken out cj the Barge, and to befeen* of ally and then to be fm into the Bag oc again? ; 
toting the Range with h is fignet ,he delivered it to be k^pt,to the 'Bifhop of London, 
then CHANCELLOR OF ENGLAND, BY ATM IS E , 
ASSENT of the Lords ffiritnall and temporally in that Parliament. Numb. 18. 
The King by the advife of the Lord* ffirituall and temporally and by the ajfent of the 
C>mmonsin Parliament, mA^s an exchange of Lewes de Burbon, Earle ofVandofme 
ta^m prtfoner at the battell of Agciuou\t. for the Earle of Hontirigdonyta^en prifojttr 
by the French ; releafing the faid EarleV 'andefme of 'his Ranfome, and 04f6*Numb, 
19. The Dukeof Bedford, (fonfiable oftheCaflle of Berwick? petitioned, that the 
Ki*g,nr tsfVTHORlTT OF P AR L I A ME NT ( in regard of his 
abfence from that charge ,by reafon of hit continttall employments in the Kings fervi^e 
tn France, andelfewhere) mtght licexfe htmjo ma^a Lievtenant under him to guard 
that(fafilefafclj : J'pon which Petition y the Lords fpn it Hall and tempo 'rail g : anted him 
power to mak r a fuffu tent Lievtenant % fuch as the Kings Counfell ftyould allow of; fo 
as the f Aid Ltevtcnant fijou/d finde fitch reafonable futeties fvr the fafe keeping f (P)H a » Chron: 
the faid Cafile^as the Kings Counfell fhould approve. And in this Parliamenr ,(p)B T (f Y Jton 'v-<i2 
ASSENT OF TH€ THREE ESTATES OF E N g L H N D , H o\mfhtd\vofy 
Richard Bcauchamp Sarle 0/" Warwick was ordained to be Governour cf the you.g 3^,1079 :and 
King, in like manner as the Noble Duke of Exceter was before appointed anddefigned ; ^ r f ncti Tbm 9 
to executewhich charge he was fent for out of France the yeare fallowing. In che three J \' ° veij 
and thirtieth yczrcef this Kings reign * Richard "Duke of Y ork was made protetlor cbmup, 400. 
of the Realme, the Earle 0/* Salisbury was appointed to be Chancellor, and had the 4 ©4. 
greatfeale delivered to him ; and the £arle of "Warwick was t letted to the Captainfoip (*)Hall,Graf- 
of XStliceyfrnt the territories if the famejnand*r THE PARLIAMENT: ton>uow>spetd 
by which the rule and Regiment of the whole Realme conffied only in the headland "" 
orders of the 'Dukj, and Chancellor ; and all the warlike affaires and bufineffe reft ed 
principally in the Earle of "Warwick. From which Offices the Duke and Earle of 
Salisbury being after dijplaccd y by emulation, envy and jealoufieofthc Dukes of So- 
merset, Buckingham, and theQuccne, a bloody civill watte thereupon cniued : afrer (n)Ha u Ant 
which (^) Anno3£. H. 6. this Duke, by a folemne award made in Parliament be- 38,and3^.H; 
tweene Henry the fixth and him , was againe made P %OT £C TOR A N D *, f. 176, to 
REgENT OF THE KlNgD%M. By the Statutes of 25 H. 8. c. 22. **l* ?**>*»>?, 
28* //.8.C.7. and 55. H. 8. c. \ .it'is evident, that the power and Right of nominating 47 °* Gra fi™> 
aProteUorar.d Regent, during the Kings minority , belongs to the Parliament and P> 
Ktngdeme; which by thefe tsfcls authored Henry th eighth, by hu lad IVill tn 

hifie- 

b r 




64 The Parliaments Intereft in, and Right to nominate 

BT PARLIAMENT; And not to trouble you with anymore cximpJes of 
this kinde, Mr Lanbard in his tsfrchaion^. 135. Cowellxn his Interpreter, title 
parliaments Sr Henry Spelmanm his Cjloffarium^ tit, Cdncellaritu ( out of Matthew \ 
* See Matth, fVefimmfter, An. 1260. 1265*) Francis Thin^nd Ho/i^yW, vol.3, col. l07?.to t 080. 
raris.p,4H, 1175.10 1286. and Sir Sdward Cooke in his inftituteson MagnaChartaJ.ij^.ijf, 
55^-559* 5^» acknowledge and manifeft , 1 hat the Lord Chancellor , Treafurer, 
Privy Seale, Lord chief e Iuftice y * Privy Counfcilors 9 Htretochs, Sheriffs y with other ) 
Officersofthe Kingdom* ofgnoland, and Qonff ablet of C aft let ^ were ufually elected by 
the Parliament ^to whom O F^^4 N C 1 E NT %lgHT THEIR ELEC- 
TION B S LON GET) : who being commonly filled, IW Chancellor y Trea- 
f urer y and chief e Jaslice, '&c* O F EN G L A ND y not of the King, were of right 
elected by the reprefentative Body of the Real me of England y to whom they were 
accomptable for their mifdcnjcanors. Seeing then it is inoft apparent by theprcmifes, 
that the Parliaments of England havefo frequently challenged and enjoyed this right 
and power of electing, nominating, recommending, or approving all publike Of- 
(f\ £ ■ fi cers °frk c Kingdome in mod former ages, when thcyfaw judcaufe; and never de- 
i%]e\ cr* nudedtucmfelves wholly of this their intereft by any negative A& of Parliament that 
^E^f.V can be produced: I humbly conceive, it canbe no offence at all m them (confidering 
(*) la, *.*,*■ our prefent dangers, and the manifold mifchiefes the Kingdome hath of late yeares 
5,t.^.2 5 c,ii fuilainedbyevill CounfclIers 3 Chancellors,Trcafurers, Iudges, Sheriffs, with other >'i 
coo{es influ 0* corrupt publike Officers) to make but arcodeftclaime (by way of petition ) of this 
/.sTr Tl tnc ^undoubted ancient right, nor any difhonourfor his Majcfty, nordifparagement 
^ 66 * to his royall prerogative, to-condifcend to their rcqueft herein, it being both an 

(t)iE,].c,}6 honour, and benefit to the Kingtobe furniftied with fuch faithful! Counfei'ors.Of- 
14. £. 3, c, 7. ficers, Judges, who fliall cordially promote the publike good, maintainc the Lawc.*, 
andi2,i?,2.f. andlubiecls Liberties^ anddoecquall iu/lice unto all his people, according totheir 
x%E 'lat'z, oatnes anc * ^ ut ' cs '; unfaithfull and corrupt officers being dangerous, and difhonou- 
c, *, 4 H.4, c\ ra ^ e , as well to the King as Kingdom, as all now fee and fee! e by wofuil experience. 
I8,2tf,c, pat. In few words ; If the (s) Chancellors, Iudges, and ether Officers power to nominate 
2. c y i,8 3 R.i. threeperfons to be Sheriffc in every County annually (of which his Majefty by law is 
Cy f'-j Q Ra P as bound to prick* one % *lfe the election is void^as all the * Iudges of England long fince re* 
Title Iufl ices f°^ e ^) and their authority to appoint (t) lufticesofthe Peace , Sfcheatcrs, with other 
of Peace, Cu- under Officers in each Jhire, be no impeachment at all of the Kings prerogative, as 
flomers, &c. none ever reputed it ; or if both Houfes ancient priviledgc, to (v) make publike Bills 
(v) Modus te- f or the pub like we ale y without the Kings appointment , and when they have voted them 
mm^'-H . f or ^ aweS i t0 teff der them to the King for his royallaffent, be no diminution to his So- 
ihjbeds defcrip verai gnty : then by the fclfcfame region , the Parliaments nomination, or recommen- 
tionof£^»</dationof Counfellors, State-officers, and Iudges, to his Maiefty, with a liberty to 
C -?>M73- difallowofthcmiftherebeiuft caufeafllgncd,can be no encroachment noriniury at 
and \Annals } of a j] lo ^j s ^jjeLlies royalties ; it being all one :n effect, to recommend new lavves 
&c?i jac** 7 ' totnc K H1 g f° r ms royall affent, when there is need, as to nominate meet Officers, 
Mr*. Hacirvels Counfellors, Iudges, to him, to fee thefe Lavves put in liue execution. So that upon 
manner of the whole matter, the finall rcfult will be ; That the Parliaments claimc of this their 
paffing Bill*, ancient right, is no juft ground at all on his Maiefties part, to fever himfelfe from 
his Parliament, or to be offended with them, much kffe to rails or continue a 
bloody warrc againft them, 

7U 









of Bills of Common Right and Iujlicefjr the Pubtikegood , $* 



(*)Seefcii ' 

That the Km a h.'.tli no abfolute Negative voyce in the faffing &f Bills M*jcftiei A-i- 

o] Qmwun Right and lufticcjt r the pnblikc good. ' J^ th c 

THc fourth gic:.c Objection or Complaint of the King, Mali^nants, RoyaUifls CotBrnons R«« 
againHthcParliin.cn' h ; That they deny the Ktnr a negative Voyce in l\niia- rr.onftraoce 
ment • affirming in (y) Ion c Declarations; That the Kingly bis Coronation Oath Miy it , ,^i, 

uty y isb ntnln ]rtvr bwoyal! dfent to (tich publike Bills of Right and Iuflice, as 00 T,, cKc- 
both be w y tcdntccjf.ry for the common wealth , orfafety of tbe r i\ealme i and ™« id" °i 

ought not r? rv/r# r/xw : Which is (fay they) an abfofurei'cnijllof his royall Pre- Comm-nj" 
rotative, not cvci quciiioncd or doubrcdof in farmerages. M ay 2< ^ an j 

Tothis lani.ver firft in genera!!. Thatin molt proceeding? and tranfa&ionsof Nov - 1 » i^^. 
Parliament the King hath no cafting. nor abfolutc ne^at Y " voyce at all; as namely l N ^, Scc Athtt 
hi (c) revcrfing errohiotis Iudgments given in irferiour Courts \ damning ilicgall 6 * t C5 > crrour 
'Pat tent s y Monopolies, Impo/ittors, £xAFtioris t redrejf!ng t removing all publike grie- \\ j ACt Ct -•' 
vances or particular wrong* complained of ', ceufurmg or judging Dtlincjuents of all Cromptontlu.* . 
fort; punijbin^the Members of either houfefor offences againfl the Huufes • dec/a- rifaiftion of 
ringiwhat is Law in ca-ts of difficulty referred to the? arhament (oi which there are CoL ^f t<; ? f * x * t9 
{a)fundryprefdcnts.)\n thefe,and fuch like particulars, the Kingnath no ivvaying ne. CemmoV 
gttivc YGice at ail } but the hou'.cs may proceed and give ludecmcnc/ioconly without wealth". 1. 2 c, 
trie Kings pcrfonallprelcnccor aiTenc)as the higheftCourt of Iuftice, but even againft l**i i5. «♦$, 
his perfonall Negative vote or d 1 flfa (Fen t> in ci'c hebeprcfent,as infinite examples of ?•*'*• 
prcient and former times experimentally manifeft beyond all contradiction. Nay, £ tation.i.u 
notonly theParliamcnt; butKingb Bench, Common Picas, Chancery, and every 7.R C gifltr! 
inferiorGourt oflultice whatfoever,hath iuchaPrivilcigeby the Common Uw and Fol. » 7I- 
(Jb)flatutes of the Realm, that the Ki ghimfelfhath tto negative voice at all fv much as irt $**i- c, \%. 
toftaji ordeLiyfor tbejmalefl moment by his great or privy feale Any legal I proceedings l4, £, ^*f* *' 
init^ntuchleftctocoii iterm-.ndyControlc^orreverfebyw'/rd if most b cr proclamation % r t u'cl K**" 
*ny re folutionvr judgement of the ludget givsn in it : If then the King hath noabfo- are borne bo. 
lute Negative overruling voice in any q! his inferiour Courts; doubtleflc he hath yondchc fcas. 
lone in the fopieumft greaccft Court of all the Pa; Lament ; which otherwifc (b) Magna 
liculdbeofleflfc authority t and in farre work con iition then every petty feiiiorrs, or Charta.c, 29. 
Court Baro.T in thcKingdome. an /* €»o{es In- 

Thelblequciiion then in debate mud be ; whether the King hath any #*i JJ*" 1 **'- 
olute Negative ov:r-rulmg Voice in the pafft gf publike or p'iv.ite Bills? £ ** 14 i* 

Forrclolving whichd )Lbc,we muft rh lsdiltingu (h : That publ kc or private f.$.c.a.». 
Jilis are oftwo forts , Firfr, Billsody of meeregtace and favour ; not of common 18 £.5. ftat.j; 
igh:;fuch areallgcn?rall pardons^Bills of naturalization, indenization, confirmation, 2oE ^ c » *•*• 
r conccfTioo of new Franchifcs, and Privileges to Corporations, or private per- ! 'J" c ' 2 * 
>ns, and the like; in all which the King,no doubt,hath an abfolutenegatne voice to , x R * C,I ^ # 
affcor not topalTcthemjbecaufethey zizatls of meer: gracc{which delights to be ever \'J c °n /njA 
ee and arbitrary f) becaufe the king by bis oath and duty , is noway obliged to ajfent graruitanon 
hereto ; neither can any jubjetls of ju.Qtce or right reejmre them at his bands, it eft gratia 
ring in the Kings free pewcrjs difpence his favours freely when a>id where hcpleafeth, Au L u ^- Dt ^ a - 
*d(c)cotrary to the very natureof free grace ,to be cither merited crcoftrained.Sccodly tkra &T lt **' 
ills ofcommon right and juflice^ which the King by ducy and oath is bound to ad- j.thcPariin.' 
H.3.c^.?c E.j.c.ja rt.i^.ioa K.^t.7. 1 ^ 

I naifliftcr 



65 I bat the L\mg bath no abfolute Negdiilte Ttoyce in the faffing 

, miniftcrtohis whole Kingdome in gcnerall, and every fubjc6l whatfbevcr inparticu- 

lar without denyall or delay : Such are all Bills for the prcfervation of the publike 
peace and fa fety of theKingdome; the Liberties, Properties, and Privileges of the 
Subject ; the prevention, rcmoveall, or punifhment of all publike or private grievances 
roiichiefes, wrongs, offences, frauds in perlbns or callings; the redreflc of the defects 
©r incon veniences of the Common Law ; the advancing or regulating of all forts of 
Trades; the fpeeciy or better execution of Juftice, the Reformation of Religion, and 
Eccleriavlicall abuks, with fundry other Lawcs, enacted in every Parliament a s occa- 
sion and neccflfity require. Jn all fuchBillsas theft, which the whole (tatcin Parlia- 
ment fliall hold expedient or neceflary to be palled, I conceive it ve ry dcare, that the 
King oath no abfolute negative voyecat all,but is bound in point of Ofticc,duty,Oath, 
Law,Jufiicc,confcience,to give his royallaflent unto them when they h a ve pa ifed both 
, ho ( ufes,unleirehc can render fuch fubli a ntiallreaions againft the pailrngof them, as 
fhallfatisfiebothHoufes* This being the oncly point in controvcrfie, my reafons a- 
gainft the Kings abfolute over-fwaying negative Voyce to fuch kindc of Bills as 
thcfe,are; 
■(i) % Sam. : j. Firt*,becaufe being Bils of eomon right and Juftice to the Subjc£h,the dcnyal ofthe 
IV W >F * ^ c y a ^ an ^ nt untothem is directly contrary to the Law of God, w\\)c\\(d)commandcth 
£ft i 9l ^t0ii Kings to be juft , to doe judgement and. juftice to all their SubjcBs, especially to the 
Dan.^jj epprcjfed , and not to deny them any jutt re que ft for their relief e 9 proteUion or 
a fhro* % fppif weHfare. 

* 9 *> l 4* Secondly, becaufe it is point-blanke againft the very letter of CMag na Charta (the 

\oieu *V* ancient f undamentall Law ofthe Realme, confirmed in at lean 1 do. Parliaments) eh. 

ml: 2 9- WE SHALL DENY, WE 'HALL DEFLRRE (both in the future tenfc) 

TO NO MAN (much leffe to the whole Parliament and Kingdome, indenying 

ordeferring to pafle fuch neceflary publikc Bills) JUSTICE OR RIGHT. ALaw 

which in terminis takes cleane away , the Kings pretended abfolute negative Voycs 

to thefc B ills we no w difpute of. 

it) fie d before, Thirdly, Becaufe fuch a difaiTendng Voyce to Bills of this nature, is inconfiftcnt 

sraflwjo i . c , with the very (e)offce .duty oftheKing^andthe end for which he was inftituted ito wit f he 

i>t,3- c *9 F * Y - *<jP(*llandfpcedy administration of common right > justice , and affect to all good Lawes for 

ufcM. e i9 . to proteftion/fafety, eafe, and benefit of his Sub jetts. 

y* CM £' : j£ Fourthly, Becaufe it is repugnant to the very Letter and meaning ofthe Kings Co- 
JL' 1 - N ronation Oath folemniy made to all his Subje&s ; TO GRANT, FULFILL, and 

Defend ALL R1GHTFULL LAWES which THE COMMONS OF THE 
REALME SHALL CHUSE , AND TO STRENGTHEN AND MAIN- 
TAINE THEM after his power. Which CJaufc ofthe Oath (as I formerly mini, 
fct\cd at large, and the Lords and Commons in theirRernonftrancesofcfl^ 26. and 
(fjpAgeii. (f) Nov.t. prove molt fully,) extends only, or molt principally to the Kings Roy ail 
Hifr ailent to fuch new rightfull and neceiTary Lawef as the Lords and Commons in Parlia- 

ment) (not the Kingh'mifelfcJJhal/makrchoifeofi This is infallibly evident, not oneiy 
by thepra&ifeofmoft of our Kings in all former Parliaments, (efpecially in King 
Edward the 1, 2,3,4. R**h m 2. Hen. 4, ^. and <5. reigncs) whereof the fitfi tAtl 
eommonly inrvery Parliament was, the confirmation ofLMagna Charta , the Charter of 
the Fore #, and all other former unrepealed Lawcs ; ^andtheu follow fundry new Ac~b 
which the Lords andCon^onsaiad*^ and our Kings 

readily 



of Sills of Common ( Rjgbt and lu\\ke for the pubhkegCuU. 67 



Vented to, (confefling f-A<rj were bound to do* it by their Cortnationoath anddftty, as I 

iillminifcft prcfcntly .) but likcwifcby the wordsof the Coronation Oaths ofour 

ncicnter Kmgs,already cited in the fir ft part of this Difcourlejand ofourKings Oaths 

flatter times: Tht(g) Coronation Oaths of King Edward the 7. and\. remaining or* (g) Sjc, the 

Record in French, are in the future tenfe. Sire, grant es vons a tenir et garder L E S Kcmonflnfttffc 

sPTS et Us Confiumes DROITVRELES les quiels LA COMM^ANTE ^^J^ 

\evofire Royaume sAVR ESLV, & Us defender eret aforcerer al honeur de Die ft * ^' c ,_"[[ ' ™° J>. 

'•fire podrc? 3% 3<c, 3 

Refronf. Je U F E R A T y in the future, too. 

TheclcicRoIIofe^*.i.<K. a. M. 44. recites this claufe of the Oath which King 
h)Richard cock in thelc words; A etiam de tuendo & cttfiodtendo J VST AS LECjES Cj W r ^ 
-jr confuetndtnes ecclefn, ac de faciendoper tpfum DomtnumRegem, eas eft protegtndas, ^5f/ '• » 
IradbonoremDei CORROBORA-KPAS auxiVVLGVS JVSTE Et RATT- ^{J*]^ 
ONABiL I T ER £ LEGERIT juxta vires ejufdem Domini Regis , in the future w l ere the 
eiifc. And Roc: Parliament, 1 H.^.n. 17. exprciTeth theclaufcirt King //W7 his w : ole manner 
"Utb,thus : Conceits J V S T A S LECjES & confttetudines ejfetenendat, &fro- cfh,s . r oron V 
mtttsperte eas ejfe protegendts & ad honorem Dei QO R R O B O R A NT) A S ^^ " P " 
OV A S y~U L GV S ELS G E R IT feemdum vires tnas, Refpondebit ; Con- 
edo & Promitto. 

In the Bookc otClarencieux Hanley, vvhoiived in Kingf/irarjthcS. his rcJgne, 
Jul claufe ofthe Oath (which this King is faid to take at his Coronation) is thus ren- 
ted in Englifh : mil yon GRANT, FVLFILL, defend tALL RIGHjFVLL 
LAWES and Cufiomes, the which THE COMMONS OF TOVR REAL ME 
KH ALL CHVSE (in the future, and where but in the Parliament Houfe when 
md where they meet together to make good Lawe- ?) 4nd Jhall fir engt hen and maintaine 
otheworfripof God, after your power? The King fhall anfwer ,1 grant and behete . But 
ha: which ruts thispaft all doubr, is the Coronation Oath of King Edwardzhc 6. thus 
»l:orcd by the Lord Protcftour and Kings Counfcll in words, 6u: not fence. Doe you 
%rant to make NO NEW L AWES, bmfttchas S H ALL BE to the honour 
und glory of<]od,**dtothe e^ood ofthe Common- wealth, and that the fame S HALL 

be otfAVS by consent of tovr people, tA$ hath been 

^aCCVStO MET) ? Where this claufe ofthe Oath, refcrres wholly and onely to 
c Hturer.cw L AWES , tobechofen and made by the Peoples confenr, not to L awes for- 
mctj'y cnaAcd. And certainly it muft do fo, elfe there would be much Tautology in 
this fhortfolcmneOatb, unfucable to the grave wifdorae and judgement of an whole 
Kingom to prelcribe and continue for fo many ages,and for our Kings in difcrecion to 
take .* For the firlT claufe ofthe Oath both in chc Latin, French, and Englifh Copies 
of ancient and prefent times, is this Sir will you grant and keep, and by your Oath con- 
frmc to the peopleof Enghnd; THE LAfVES ^AVJ) frSTrjMES GR^f\- 
TED 70 THEM BTtANcIENT KINGS OF ENGLAND, rtghtfull men y 
anddevont to CjoA , and namely the Lawes and £ufiomes, and Fravchifes granted to the 
Clergy and to thcpeople by the glorious King Edward, to your power? Which Claufe re- 
lating to all La wcsai d Cuftomes granted by former Kings to the people ; if this lat- 
ter ciaufc fhould be in the preterter.ee too , HATH CHOSEN ( as the King and his 
miftaken Ccunfelobjeit) it wouM be a rnecr Surplufagc, or Battology,yca the fame 
infubftancc with the firft part ofthe Oath, and our Kings fhould be onely bound by 

I 2 f kir 



68 That the Kjng hath no abfolute Negative yqyce in tbepafsing 



their oathes to obferva their Anceftors Lawe5,not their owne as they now argue, 
( the reafon perchance why the Petition of Right ^and our other new La wes are fo ill 
obferved) which is ridiculous to imagine. And where s they obiewt,that the word 
C V S T O MS joyned to lawesin the laft claufe y cannot be meant offuch Cuftomes 
M the people [hall chufe after the Oath made, becaufe all CuHomes are } and muft be A 
time out ofmmde. The Anfwer is very eafie ; For Cuftomes Uci care not taken Itri&Iy | 
for ancient ufages time out of minde ; but for Statutes, Franchifes, juft Liberties y oz ' 
Taxes fox the Kingdoms defence, chofen & frccly ( grantcd by the Commons or people, 
and to be confirmed by theKing in^arliamenrjas appears by the fiift claufe of the oath, 
the laws & cuftoms granted to them by the ancient Kings oj r England. And by (i)B ration \ 
(j) lb+i. *.*. himleJf who expounds this claufe of the oath to relattto future Laws, newly madeby I 
f> l b- ourKings after their Coronation*, in this obfervablepailagc. Hujufmodi vero leges 

^Anedicana C^CONSVETVDINES, regum authoritatciubent quandoque, quan- J 
dcqjvetant, & quandoque vindicant, & punlunt tranfg^ejfores ; quas quidem cum 
FVERINT APPROBATE CONSENSV VTENTiVM ET SACRAMEN- 
^nAfifue* TO R £GVM CONFIRMATiE, mutari nonpoterunt nee deftrui, SINE COM* 
^rf.amU/^MVNI GONSENSY EORVM OMNIVM,p^w CONSILIO ET CON- 
TitleCupme. SENsV FVERVNT PROMVLGAT^. Now no Cuftomes properly focalled, 
& Frefcription. ca n commence by way of grant, efj-eciallyof the King alone; but only by the people 
Coofesinpt* an £ com mon ufage for a good jp ace cftime (as the (fuftomes of Gavell^tnde, Burrough 
°n>f* v^Jun. *„ac..s\. ,r- never granted nor commenced by Charter or Act of Parha- 



_ - 7* * 3,|t " ment, did ;} and if the Kino by (Charter or Ac~l of Parliament, Jbould grant a new 

Cuftome, before it were a Cxftome in thisfenfe % it would be utterly void in law, becaufe 

(I) Coo\es Iuftit t 'k ere was no fuels cuftome then in bcing^and no gram draft; can make or create a cttflome 

on Littleton f. or p re f C ription that had no former being. 1 hereforc Cuftome in this oath, coupled 

58.fr. ancU ^e ^. ^ .^ ^^ reaforiabte^mufl needs-be meant only offuch iirft and rezConabkftatutes, . 

cited Reiiflir. liberties, penalises ^immunities y aides, taxes \orfervi:es for the fubjecls cafe and bene- 

f. jjj. Briefe d$ ft, and the publike (ervice^ as they upon emergent occaiiorw fiiall make choice of in 

coysVEfF- Parliament ; of whofciuimefieand reaionabienefTe not the King alone, but the grand 

PlNiBys & Councell ofthc Kingdom fafle.nbled in the. Parliament, to this very end, to iudgc of, 

Jtrvms. make, and affent to iuft and profitable-Laws) arc and ought to be the proper Judges, 

as! havcelfwhcrernanifeflei; and the very words ofthc oath, f>)V AS VVLqVS 

ELlCSRIT, to which juft as leges & cor, fuetudines relates, reiblve beyond contrs- 

dic-ticn. And King David and <~Ackijk both were of this opinion, iChron # i3.i. to 

6. .2 Sam. i-8. 2,3,4. l Som. 2 p.2.-toii. and /Cing He^ekiah too a Chron. 30, r« to 

7. 25. yea Godhiwfelfe, and Sauuel toon Sam. 8 4 to the end. 

Fifthly, Becaufeit is diredly cc ntrary to the preambles and recitals offuadry A6ts 
of Parliament in moft of our Kings rcigncs comprifing the two JaR rcafons. To in- 
Now MaU. ^ ance m fomefew of many : the ancient ftatutesof * CM trlbridge begin thus. Th« 
mn*$. yeare of grace 1267. for the better eftate of the Realme of England, and for the more 

Jpeedy miniftration of Iuftice, AS BELONGETH TO THE OFFICE OF 
A KINGj the more difcreet men of the Realme being called together y as well of the 
higher as. aft heJower. eftate '■: It was provided^ agreed; and ordained , that whereas the 
Realme of-Uuhadbetne difejnieted with manifold troubles and diftracl ions, for re- 
formation whereof ft a<utes, and lawes BE RIGHT NECESSARY, whereby the 
ft ace and tranquility ofthepeaflewaybe confervfd^ whsrfin the King intending to de* 

vifi 



of Bills of Common Right and lujlicc for the publke good. 69 



vtjecenvenicntremedy J\ub mad: the f e Alls undo written. The fhtutcsor*3 Edw.i . *"$*.&$ . 
paretic Prologs. Thefett the Ails of Kir. t iTckvard, &c.at bid finfl Parliament W • 

genera.'! a fer bn (for -m.it ton. BtCOuft our So ' er none \.nrdthe King hath grcai X*i*l 
'tndtfnc u> etlre fie the (Lite oj ''[be P^xlm in (uch things AS RE QVIRED AMEND- 
ME N T for the common profit of the holy Church , ( i;; a of the Re. lime CC the Ktng 
hath ordained and efi.il 'lifted tbefe Afis underwritten, which he tvtendetb TO BE 
NECESSARY AND PROF I rABLE unto the whole Rralwc. And cap. 17. ill 
the Marches of Wales, aiidcllevvhere, where the Kin? s Writs be not currant, the Kin* 
which is chiefc and fovcr aigne Lord the^e , SHALL DOE RIGHT THERE unto 
fuch as widcomplahe. A nd cap. 48. * The King hath ordained thefe things unto the ho- 
nourofQod y and holy (fburcb, and for the commonwealth .ind for the remedy of fuch as * * n *" c "•*■ 
le crnezrd; and for as much as it is (Treat chant j ( which is ofc times put for Iufiice y 2s V* tc * * l „but 
here TO DOE RIGHT VNTO ALL MEN AT ALL TIMES WHEN NEED SHALL p.fa Meg" 
B E bjafient ofall&c.n was provided. The ftatute oliCjlnccfttr in the 6. year of A'ing cbartatu 
Edw.i. is thus prefaced. fV the great mi f chiefs and difinhcr if on s that the people of the 
Realme of England have heretofore fuffered , throught default of the f*W that 
failed m divers cafes within the faid Realm; our f over aign Lord the King for y t he 
Amendment of the land ; for the reli'fe of his people y and to e/chemmuch mifcbtefs y daw- 
magesanddif-inherifons y batb provided eftablifbed thefe A els underwritten^ willing 
and commanding that from henceforth they be firmely kept within this Realme. The 
Statutes o\fVcfiminsler,i t in hi! 13. year begin thus.- Whereas of late our [over aigne 
Lord the King , Ore. calling his Conn fell at (j beefier, andconfidering that divers of this 
Realm were disherited , by reafon that m many cafes, where remedy fjould have been 
hdd^therewas none provided by him nor bis Pre-decefjors, ordained cert ai/ie ftatutesy 
right necefiary and pro fit able for bis Realm, whereby the people of England and Ireland 
have obtained more fpeedy lufiiee in their oppreffions then they had b fore , and cer- 
taine cafes ( wherein the law failed ) did rematne undetermined , and fome remai- 
ned to be enabled that were for the reformation of the oppreffions oj 'the people; our feve- 
r aigne Lord the Kings* his Parliament holden &€. the 1 %)ear of his reipn at Wf(lm. 
canfed many oppreffions of the people, and defaults of the law es, for the Occam} h foment 
efthefaiifiatutesofCl'Jcefl.te be rehearfed, and thereupon did provide ccrtame Ads 
herefollowing.lVc ftatuieof J^uo fVarranto,A\\\ 27 8. (the 6. year of this ATing, made 
at G!oceft.)hath iWuexordium.TbeKinghimfelf providing fir tbewealtb ofbtsRealm, 
and the more full adrnmifiration of ' In ft ice, AS TO THE OFFICE OF A KING BELON- 
GETH; the more difcreetnten of the Realm, as well of high as of Low degree being called 
1 r,it was provided or-f .The ftat.of Torkj.2 E.i hath this P rologuc. For aj 'much as 
people of the Realm of England and Ireland have heretofore fuffered many time J great 
mif chief S y d*m*ge and dtfienfon by reafon that in divers cafa where the law failed, no 
rcmedywaspurveyedo^c.ourfiveraignLyrdtheKingd.firinglH\TK\GHTBEDONE 
TO HIS VEOPLEatbtsParl.boldenat T or kj&c. bath made thefe Acts & (latuteshere 
following,the which he willeth to beftrattly obferved in his faid Realm, In 9. Ed, 3. in a 
Parliament held at Tor k.* the Commons de fired the King m the faid Parliament by thtir 
Tetitionjhat for the profit andcommodtty of bis Prelate* , Earls , Barcr.s,and (fommons * Thepro- 
ofbis Realm jt may pleafe £*w,WTTHOVr FVRTHER DELAY, ///w; the faid grievances V,uean i c>v 
and outrages to provide remedy: our f over aign L* the K. defiring thefrofit of his people 
iythesfient of bis Prelates &c % vpon the fa$dtbingsdifclofed to him 

I 3, jR*! 



o That the l^ing bath no tbfolute Negative Tpoyce in the paffing 

great hurt of the faid Prelates &c. and oppreffion of his Commons, hath ordained andefta- 
bltjhed &c. In i o. £. 3. ft at. 1 . there is this introdu&ion. Becaufeonr Soveraigne Lord 
theKingEfiw. 3. WHICH SOVEREIGNLY DESIRETH the maintenance of his 
piace^andfafeguardof his people, hath perceived at thecomplaintof the Prelates jEarls, Ba- 
rons, and alfo at thefhewing of the Knights of thefhires,andthe Commons in their Petition 
put in his Parliament &e. divers opyrefjioxs andgritvances done to his people &c, COVE - 
TING to obventthe malice of fuch felons 3 and to fee a cov enable remedy ,hath ordained &c % 
for the quietneffe & peace of his people that the articles underneath written be kept and main* 
tainedin all points 1 4 £. 3.$ at. 1 . 7<? the honour oftfod &c. the King for peace and quiet- 
neffe of his people ,as well great as fmall,doth grant and eftabltfh the things underwritten. 
The like we ha vein i$.E.$.Stat. 1. and in this Kings Proclamation for revoking it, 
there ischispaffaoe; Wee eonfidering , how BT THE BOND OF OVR 0<AfH 
wS BE BOVND TO THE OBSERVANCE tAND DSFEXfE OF THE 
LA&SS ssiND CVSTOMSS OF THS REALmS,&c. So in 20. E. ? . Be- 
czufcthat by divers complaints made to us, we perceived that the Law of the land which 
WE BT OVR OATH BE BOVND TO Utf*/f INTAKE is the leffe well 
kept,and the execmionof the fame dtftnrbedmany times, &c. WE GREATLT (JMQ- 
VET> OF CONSCIENCE IN THIS CHATTER, and for this caufe defiing 
asmuchforthepleafureofGodandeafe andquietneffe of our SubjeEls AS TO SAVE 
OUR CONSCIENCE AND TO KEEP OUR SAID OATH, by the afent of 
the great men andother wife men of our Counfell, me have ordained thefe things following. 
2 «$ . E. 3. e.g. That in no wife yeomit the fame , as ye love m andthe Common wealth of this 
Realme. 2 5 . £. 3 .ft at. 2 . Becaufephat Statutes made and ordained before this time have 
not been h olden and kept as they ought to be, the King willing to provide quietneffe arid com* 
Monprofit of his people >by the affcnt,&c. hath ordained and efiabltfhedthefo things under * 
written. The paffage in che Statute of Provifirs, 25. E. 3. Patliam. 6. is notablf, 
Whereupon the faid Commons haveprayedour Soveraigne Lord the King, that S IT H 
THE RIGHT OF THE CROWNS OF ENGLAND , t>AND THE LAW 
OF THE SAID REALMS IS SVCH, that upon the mifchiefes and dammages 
which hapneth to hU Realme, HE OUGHT AND IS BOUNDEN OF THE 
ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TQ 
MAKE REMEDY, AND THE LAW OF VOIDING THE MISCHIEFS 
anddzmmages which thereof commethy that it may pleafe him t hereupon to or daine reme- 
dy. Our Soveraigne Lord the King feeing the mifchiefs and dammages before named y 
and having regard to the Statute ,made in the time of 'his (j rand- father, and to thecaufe 
containe din the fame ; which ftatute alwayes holdeth his force, and was never defeated, nor 
annulled in any point ; and by fo much AS H E I S BOUNDEN BY HIS OATH 
TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME 
though that by fufferanee and negligence it hath been attempted to the contrary; alfo ha- 
ving regard to thegrievow complaints made to him by his people in divers his Parlia- 
ments holden heretofore, willing to or daine remedy for the great dammage and mif chief es 
which have hapned and daily doe happen to the Church of England by thefaidcaufe ; By 
afent of the great men and Commonalty of the [aid Realme 9 te the honour of God and profit 
: of the faid Church of England, andofallhuRea/me, hath ordered and eslablijhedy&c. 
2 3 * E . 3 . The King for the common profit of him and his people 3 &c . hath ordained. 3 $. 
E. 5, 1 the honour andfhafure of Cjod> and the amendment of the eutrag/ous grievances 

and 



cf Bills of Common Right and luftitejor the publikcoootL y i 

Tndopprefions done to the people, andmreltefeof their eft Ate, King £dward,&c. granted 
for him >™d his Ueires for ever thefe zsfrtscles underwritten. \ * R . 2 . 7 o the honour of 
Cod andreverence of holy Church, for to nounfhpe.xe, unity, and concord, u: ull the 
parts within our Realme of England, which we doe much defire ; wee have ordained, &c. 
2. K. 2. For the honour of God y and of holy Church, and for the common profit of t. be 
Realme of 'England, our Sovcraigne Lord the King hath ordained, &c . for the quietneffe 
ofhtsfaid people the Statutes and Ordinances following, &c. cip. 2. (with 2.. H.4 c. \.) 
Our f over aiW Lordthe King greatly dc firing the tranquility andejuietneffe of>ispcop c, 
willeth and *ftrattly commandeth, that the peace within his Realme of England be fur. , 
Q hfcrved andk£pt\fo that all his la\xfill fubiells may from henccfjrth f^fcly andpeaceail; 
(roe, come, and dwell after the Law andufage of the Realme, and that lufticcand rigi t 
*be indifferently mwiftred to every of his fatdfubi eels, as well to the poor e as to the rich ;. 1 
his Courts. 1 . H. 4. Henry by the Grace of God, &c. to the honour of God and revc 
renceofholy Church, for tonourijh peace, unity, andconcordof allparties wtrhi,: tie Re., 
cf England, andfor the relief e and recovery of thefaid Realme, which now late hath be 
mifchtevoufly put to qreat ruwe ,mifclytefe and dcfolation, of the affent, &c. hath m.ide a > 
eftabltjhed,&c 6 H. 4- c « 1- For the grievous complaints made to our fovcraignt L01 u 
the Khig by his Commons oft he Parliament of the horrible rmfehiefs and damnable cu- 
fiome which is introduced of new ,&c : Ourfoveraign Lordthe King to the Honour ofijod, 
at well to efchew the dummage of this Realme, as the perils of their foules which are to be 
advanced to any Archbtjhoprtckes or Bi{hopric^s,&c. hath ordained. Dives inch rcci 
tails arc frequent in moil of our flat utes in aU Kings raignes, mz.^j.E. a.c. 2^,4, f. 
3.R i.e. 3. 5. R. 2. Stat. 1.3. 6.R-2.Stat. I. 7.R.2. 2.R.2. (For the common profit 
of the f aid Realme and cfreciallyfor the good and tuft government and due execution oft he 
common Laiv jt is ordained,CSc.) 1 O. R. 2. Prologue& c.j . 1 1.R.2.C 1. 12 R. . 1:. 
K.t.'Trologue & c. 3.^,*. 14. R. 2. U.R.2. LH.4.& 5. c. 7. 1. H. 6. 8.H.60 
Trologue&Ciy io.H.6.c.{. I2H.6,C.I2. 29. H.6. Prologue I.R.5.C.2. 6. g. 
j.H 7-C.5 11.H7.ci8. But! rhallconcludewichfbmcmorepun^uallones.^g E. 
3. fiat, c 1 . 2, To nourish love, peace, and concord between holy Church andthe Realme 
and to appeafe and ceafe the great hurt and perils and importable loffes and grievances that 
have been done and happened m times paft, and fall happen hereafter, if the thing from 
henceforth befuffered topaff &c. for which caufes, and difyenfeng whereof, the ancient 
laves, ufages, cuftomes ,andfi*xchifes of the Realme, have beene,andbe greatly appaired, 
blemijhed, and confounded, the Crown of the King mintfhed,and his perfonfal fly defrauded, 
the treafure and riches of his Realme carried aivay, the inhabitants and fubjetls of the 
Realme tmpovenfhed % troubled &c the King at his Tarliameht&'c . having regard to 
the quietneffe of his people, which he chiefly defer eth to fu ft awe in tranquility and peace, . 
to ^ov erne according to the Lawes, TJfages, and Franchifesof this L t md,as HE IS 
BOUND BY HIS OATH MADE AT HIS CORONATION;/*//*^ r/;r . 
way es of his 'Progenitors, which for their time madecertaine good Ordinances a;?d pro- 
vifions agatnft the faid grievances &c. by the affent &c hath approved, accepted, and 
confirmed &c, 3 R i.e. 7 Becaufe the King hath perceived, as well by many complaints 
made to him, as by the perfect knowledge of the thing &c, the King de f ring f over aignly , 
the peace and eyutetneffe of his Realme, and his good Lawes and [ uft ernes of t he fame, and 
the Rtghcs of hi: Crowne to be maintained and kept in a 11 points \ and the offenders duly r: 
** chafttfed *ndf>mjbed> AS HE IS SWORNE AT HIS CORONATION, 

h 



72 That the Kjng bath n$ tbfolnte Negative Troyce in the pafsing 



by the affent of aH the Lords &c. hath defended &c. is4nd moreover it is ordained and 
eflablijhed &c* 3R.t. Rot.Yarl, AW.38. & 40. The Commons d'finng a grant' 
of new power to lujlices of Peace y to enquire into extortions ; the Rifliops conceiving 
it might extend to them, m* de their protefvation again ft tk is new grant \yet pro te Tied 
that if tt were reftrained only to what was law already } they would condifcend to it 
but not if it gave any new or further power , The King anfwers, that notwithslandm\ 
their protection t or any words cont- wed therein, he would net for be are topaffe this 
new grant, and that BY HIS OATH AT HIS CORONATION HE WAS 
OBLIGED TO DO IT. Arid 6 H.6.c^. We % for as much as byreafqnof our 
Regaltty,WE BE BOVNDEM TO THE sAFEGVARD CF OVR REALM 
round about ^willing in this behalf e convenient hafiy remeay to be adhibit e, b«ve ajficr* 
neJl y <$>c. Bythefe > with infinite fuch like recitalh in our ancient and late ftatutes in 
the Kings owne Proclamations, CommifTions, yea and in writs of taw (wherein wee 
/ )R ifter findthciecxpreffions; (a)Nos ejuifinguhs de regno noslro in EXHIBIT ION E 
pa« »£ 7 , c \ IFSTITI^£ SVMVS D EB ITOKES ; planam & ccUremyuftitiam exhiberefaci. 
j<« a. as . (b)Nosvolevtes tjuofcunejue legios ncfiros in curiis no sir is &c, juflitiam fibi &c % 

(Jb) ibid/. 10, nullatenusdijferri. Ad juflitiam tnde reddendum cumomni eeleritateprocedatis (c) 
38.6.i*7' h. jy of pp re jf l0 nes y duyitiasjdamna excejfus, & gravamina fradttta nolentetrcltnquere 
ffiw'df u ™p""'t«; wlenteftue SALVAT ;ONI & QVlETI POPVLI NOSTRI hac 
kjnfi*** fane PROSPiCERE VT TENEMVR ; eidem ceteris jvslttU comments, 
(d^lbiif 41 &' debitum grfcftinumiuflitia comptementum fieri fades . (d) Nos huiufwodi pram- 
i, 43. Wee/, ' dicio precavere votentes^ront ASTRlNqiMVKlVRAMENTI VINCVLO. 
6c. co 6 ;• Qnia tudicia in curi* no fir a cito reddita infui<rob or thus manwteneri volumus Qrdefendi 
prout AD HOC IVRJMENTl VINCVLO A$r%lNGIMV%^ & TENE- 
MVR.&Cy It is moft apparent, that the Kings of England both by their oath, du, 
ty, and common right, even in point of juftice and confcience, are bound to afient to 
all publikc A&s as arc really neccflary for the peace, fafcty, cafe, wcale, benefit, pre- 
vention of mifchicfs and redrefieof grcivances of all, or any of their fubjeeb, without 
any tcrgiverfation,or unncceflary delayes, vvhen they are parted and tendered to them 
bybothHoufesjaadthatinfucha&sas thefcthey have noabfolutc Negative voice 
at all, but ought to give their fpeedy, free, and fall confents thereto, unlcflethcy can 
giv« fatisfa&ory reafonstothe contrary* 

Sixthly, AUour ancient Things of England,as the premifes, with all publike ufc- 
full ftatutes ena&ed in their rcignes evidence,) have alwayes ufually given their free 
and full confents in Parliament to fuch publikc adts as thefc, without deniall or pro, 
tradlion, conceiving they were bound by oath and duty Jo to doe ; and if they ever deny- 
cd theirroyall aflcnts to any Petitionsox Bills of the Lords and Commons of this na- 
Cure^they alwayes gave fuch good reafons for it as fatisfied both Howfes : witnes 
their anfwers to infinite Petitionsyct extant among the Parliament records. There* 
fore the King now isas muchobligedtheretoasthcy. 

Seventhly, If the King in poir.t of law, fhoud have an abfolute negative voice 
in denying his affent to publike Bills of mecre right, and juftice ; then he fhould hava 
power by law to deny juftice and right, and to doe wrong and iaiuttice to his people ; 
a prerogative which neither Cod himfelfe, nor any la wfull Monarch ever yctchalcn- 
"Apoifcegmt g c <* ; but renounced with greatcft dctcftation. I read in *Ptutarcb that when a flatte- 
rer faid to king zsfntigonutythat all things were honefi andinftto Kings % heanjweredi 



enl\ 

j 



II \ -• ^^ — - ■ ■ • 

of Bills of Common Right and Inflict for the publike good. 73 

^7ndrc:< nc fi thtr! Z s * re t0 bc ICCmUtdfi* b m&$ % 

fennft: And that '. It rotatmf/klt the like anfwer to his parent t,whoi m™™;'/ 6 ' 
h/yn cHnl him todocanuniufl thing; Quamamvult is me optima dgtrt^ optimum ^ j 
numfft cum\rivaio,tummulto en mmagis Pnvctpi id ejuod eft jufium , a gam f&4 
*liit,<]» Ucitudttrellah: Ycaaurlaw cxnrefly denies the Kingany fuch (f)n u au c,t 

niuft*p rcro n ativc > by thefe unquestionable maximes: (f) the King wither can y /.i.c.i*./.^.*. 
vronfhtfalawf doe any wong. feting he is Gods Ficar, and the fountawe °f 'lufiice . FUt'l^c.^17. 
UhocfohnKexr.onpueftficcre^uodnonpoteftinjuftc agcre : which our (g) law- fH'f^J 
l make no dcfccl of power, but *«<r of the highest branches of the Kings Prcrcga- ? r me f c ^ x * 
vefcox confirmation whereof,I ffoallouly cite one notable Record,7.f/.4.Rot.7>arl. ij.Pfauf.a4*. 
Climb. KQ» Trie Commons complained, that by the favour of Ordinaries , divers in. i47.4*7« ** E* 
umbents W e outed of their benefices by fupcrinftitr.tiens upon prefcntations of the K'fl" j f 
contrary to the flatnte tn that cafe provided; andweredenieda Scire hcizs ,with~ ^ ** *?■ ' • 
fr,< iaMlutrfe ' ccmruandofthe King firfi obtained, to the qreat fence of God, A n,' es x t blc, 
rtd4l*i*&re*for,*nd law * BECAUSE SVCH AN *ACT CANNOT BE p rc rogar.<o, 
INT PREROGATIVE AT AL IN OVR LORD THE KlNG,wHlCH mdge ct»k* 
s DEXOGirilE TO THE EXECUTION OF RIGHT z^ND /^- Argu. again* 
TICS* Where 'ore they petitioned the King, that he would be pleafed to grant and ^^Tt.' 
nd the Chant elUr^to deliver a Writ 0/fcire facias to every of his Lieges who are +' Fu ' r cet que 
uted of their benefices crp offejfions bj the fore faid title of the Kmg y and that thence- tie! fait ne put 
.rth the Chavicellors /hall bee bound to deliver by authority of their Offices this myeeftrtPrer*. 
I'nt cffcirc facias at the fitte of the parties • and further , to doe right t$ the &[ tve en n$ P re 
antes , without fuing to the King, and without other wtr rant from him. To ^p^.^f 
/hich the King gives this anfwer. The King wills, that the faid ftatute be firmly al execution de 
eld and fap* ; and farther wilieth and granteth , that if he prefents to any benefice dmt tt iuRice . 
thick /hall bee full of any Incumbent, that the Prefcntec of the King /hall not bee 
rceived by tb* Ordinary to fuch a benefice , tint ill the King hath recovered his 
refentment by proceffe of Law in his owne Court: and if any Prefentee of the 
ling bee otherwife received, and the Incumbent outed without due Proceffe, as 
for ef aid, the faid Incumbent may commence his fute within ene yeare after 
he Induction of the Kings Prefentee , or later. *yind further^ the King wills y 
bat no ratification granted for the Incumbent , after that the King hath pre- 
:ntcd and taken his fute , fhak bee allowed pending the pha, nor after the judge*, 
tent given for the King; but that fuch judgement (hall bee fully executed, as 
rafoH demands* Loc here the Commons and Parliament affirmc, and the King 
imfelfc fubferibes thereto: That the King neither hath , nor yet can have any 
'rero^ative at a<7, which is derogative y or any impediment at all tn the execu- 
ion ©f Right and Juftice ; and difclaime a negative voyce, or power, in bim, 
1 granting w fare facias to particular Incumbents y unduly outed of their Li- 
ing by a pretended prerogative power, againft Reafon and Law* Therefore 
fortiori, the King, by his pretogative, neither hath, nor can have any abfo- 
ac Negative voice it all to hinder the pafTing of publikc Bills prefentcd ca 
im by both Houfes, fot the due executioa of right and iuftice, and thewcile, 
eice, or fafety of the whole A'ingdeme. That fpeech of (h) King Zedekiah to (fc)JcMt.r. 
is Princes ( though in a bad cafe ) is an undoubted verity here : Behold hee is in 
•ur hands-, TO^ THE KlNq IS 2JJ)T HE THAT £AN VOE 

K ANT 



f 4 lh&t the t{mg bath no abjolute Negative Ttoyce in the faffing 



u;Tu.i.-.H;bANY THING AGAINST YO.l : and Ikcwifc of King 'David to dispeople - 
**• . * Sam. 18. 3.4. WHAT SE.EMETH TO YOU BEST I WILL DOi 
U m f 1 * tfv * noRe worc *> a3 n no impotency in God, but a part of his ownc divine prerogative ;) 
1 am 1.1 7. (J)that he cannot poffiblj lyjhat he cannot deny htmfelf(l)thathe is immutable andchan- 
(m). ;a j * ^.geth not y that he (m)cannot do injujhee : And as it was the Apoftlcs higheft privilcdge. 
*D\m Hisl 4 • 2 L or. 1 g.8. We can do nothing againfi the truth ,bnt for the truth .So it no noie ofimpo- 
Uiil.op icivcfr tenC y butofhighelt Soveraignty in oar Kings, that in all Bills of publike Right and 
^Ai *c c $ Common Iuflice,they have no Negative voice or power at all to withftand or deny 
S»P«i*5« ' theic paffiing; for then chcyfhould have a prerogative to dt^y common Right and 
(») Mat. Park Iuftice, and lb todoepublikc injufticc, which God himfelfe (whofe viiegercnts they 
B*'f$M$M*J' are) isuncapableof, and never derived to them. I willclofe this reafon with chat 
718,719, 7j5> memorable fpcechofthat great heathen Emperour Julius fifar, which he fbmtimes 
* % *£wd$n*M'< u ^^ at ^ome in the Counceli- houfc ; * Touching all other affaires that are to betaken 
p^8.';.S<.sL*/ / ' lf handforyottrfa&ylam both jour Covful, andyoxr Dictator ; but as touching any 
vjzi Da>icl,p. Wrongtobe donetoanyman^l am as a private manwnhout office. 
151, Ic -7, i6o y Eighthly,Our Kingshave ever claimed this as an ablolute duty from their fubje<5h 




tosbXtm i^llcethefubjeclifthoMgh they have fom: times denied fubfidies to the r Princes upon reafb- 
ifdgecrooi'S & aablecau(es,andexcuicsallcadged by them,cxpreifed#» our K n) ffiflorians) yet have 
HW^rguu* z \ways held-Jt their(o)KOUNbEN DUTY tograntfuchayds in Parliament y when 
■mmw 1 V ^~ ( anc * ^ met ' mcs before) they have been required, andhave really done it withoutrefufalt, 
{$) Poht. l.r, i w£*« theyfawjuficaufe to grant them ; as al 1 the old and new zAEls for the grant 0/ C#- 
3»4>7* - ftomes r SubJidies r Difmes y Quindtfwes, Towage a nd Poundage, c P#!cmoney , with other 

(q) ,e officii* f.t f^ch aidesinallonr Kings Rcignes, abundantly evident. Therefore the King fwbois 
(r )** l PJf % . as much obliged by oath and duty to aid hisfubjc&s, and provide for their common 
it. c.tv/t) De protc&ion, wieale, pcace,eafe, as they are to provide for His, and the Kingdomes fafe- 
UudMg Ang. c y/i s by like reafon as much obliged in duty not to deny themfuch publike A&s; as 
cdtciS- they are npttocknyhiin publike aides<, h 

(v) xenut/h* dc Ninthly, Kingdomes and Common weales were exigent before Kings, for then 
l f"^?fnBuk ™»ft ke * Kingdoms, and feciety of menro governe (as (p) jirifotle, (q)Cicero, (r) 7V ; 
eLRvwAra- ^btus/f) *Augufline y (t) Forte/cue, and all other Pohtitians accord) before then 
ltntnj.comir.cnt couldbe a Kingelccled by them, for togoverne them : tAndthofe Kingdomes andficie* 
p,5t8.T?9, ties of men had (for the rnofr part) fome common lawes of their owne free choice by which 
{x) Xenooh.de t faj were governed y bef ore they had Kirfgs\ which lawes they (u) /wore their Kings u 
^OfiOZc LI obferve before they would crowne er admit them to the government* and lihwife rav* 
PUt9 & Cicero *"*>* * further eat hytopaj/e and conprme all Juch fubjeqttent lawes as they Jkould m*k* 
delegibuij lib. chotccoffor their publike benefit andpreteclion ; as is evident by the Coronation oath 
Anfiot ,Fol : itj.j of all oub owne (yea of other (yhrifiian, and mojhPagan Kings) continuing to this very. 

*f**MJb'B day ; and thcfc words in thc Kin 8 s oath Ct ^ AS VlULGus £ L E G E- 
S* 'iFfri** ' ^ ^ (which intimates the choiceof Lawes to be wholly and fully in the people 
Numfomptim ^ cc elections) prove beyond Contradiction : Yea thofe ancient iaw-givcrs (x) So. 
^mrfwjel^. f^ r Seleuehm , I^curgm^ ^{nma y with others^ who tooke paints to compile Lawes fo * 
fe vcral! Kingdosies a lid Republikes, did only recommend them te the people \ whofe vo- 
toftt»r7*i##r mm* shswxted* tktmiindin^y Wiikh la wes- the^ekhei. airerfid or re 

pealis: 



of Bills of Common %jght and Juftice for 'the publike good. 7 5 



■aledas theyfaw Ciufc. Bcfidc?, during Interregnums in forraignc derive King, 
omes the Elates in Parliament hive power to make newbtnd>xg Lawcs.repcalc and 
Iter old as they did in (7 dragon after Sanchius his deceafe) before they elected a 
ew sXino ''whom they fworc to obierve the Lavvcs then made, before they would ad- v fl 
ricMm*******? Kings MJfentM Mil who yet girc their roy all 2 fcnito Laves made "£mZ 
utbeirreignes: Andinourowne and other fucceflivc KingdomesduringthcKings J Igg'^.j*. 
n fancy } dotage,ablccncc,theKirgdcmesandParliarnentshavean ?bfolutepower(as I aKlui \< 
already manifefted) to create Regents or Lord-Prorettorss to execute royall aw DehHm 




fKin^s chance to die without any hcire, the Kingdorue in fuchacafe may aflemble ^ ):m h . , 
Dfthcmfelves, and make binding neceflary lawes without a King, and alter the very .'cm 




whenitisneceflfarily demanded to any juft publike Bills, unlefle they can fhew JS^j* 
^ood reafon to the contrary, fo farre as to fatisfie the people why fuch la wes fhould rp c m iplj'J\ 

lot pafle. «S ?o7» fi f * 

Tcnthly, Our very lawes in many cafes deny the King an abfolute negative voice tnotft cba ter 
or power, even in matters of Prerogative, becaufe they are contrary tohisoath, and dc v ' rdon : 1 ^ 
rnilcheivoustotheRepublike. This appearcs moil clearly in matrersofPardons,thc ^ n '" L ' '' sc * 
Statute of 1E.5.C.2, 14E. 3.C 15. 13R.2.C.1. 16R.2. c. <5. enad. rfar^OM 
Charters of par dov (ball not be granted for manflaughters, Roberies, FellonieSy and other 1? ,i E#f£, 




THE OATH OF HIS CROWNE, Soe the King (b) cannot par. i;:ittoni ar g* 
donnorreleafethe repairing of a Bridgeor Highway or any fuch like publikj charges , or m< n 1 ;g inft 
any publike "Nufances or offences againft p&nall Lawes pro bono publico, becaufe tt is fliipmoiKy, & 
contrarytoths trusl and confidence repofed in him for the publtke good, becaufe the repub- ' : ' l '° cs 
like hath an intcreft herein; and the pardoning of them would be mifchetvofjs for the ,|^ re j n cncc i. 
common good: In like manner the King(c cannot dcyy^delay, nor deferre Iufltce y nor flay ^ 1 , /; 7 f, 
the Judges from doing prefent right and juftice to any of his Subjetls by his Letters under 1 ul r y ciarter 
hiagrtator privy fe/lf 3 becaufe it is contrary to his oat hand duty : Neither (d) can he de Pard&^ftj 
b> his abfolute Prerogative ytmpofe any the least t axe or impofltion on his fubjetls without ♦M/M>'*j 
thetr common confent w'Parltament ; nor ;c)yet authorize any other to k*U, I eat, wound, * ,% 
imprifot: any mans per fon } or take away his goods y without due proceffe of law ; Yea the 
very lawes andcuftomcof the Rcalmedcny the King any abfolute negative voice 
even in the Parliament Houfe in rcverfing erronious Judgments, Charters, Patents, 
declaringwhatislaw in difficult cafes, or in proceedings and fentenccs againft Delin- 
quents, er in any one particular whatfoever which concerned the adrnmiftration of 

K2 right 



\ King hnih no abfolute Negative Itvyce tn tbeftafsfa? 

right or common Iuftice, Therefore by the feifefamc reafan, the very law denies hii 
any fuch negative voice in rcfufing his royall alTcntto Bills ofcommon right and Iu. 
ft ice ; And as both Houfes doc allwayes over- rule thcKing,not He both Houfes in th< 
one;fo,by parity and congruityofreafon,they ought to ovetfway him/n the other; 
therebeing the fame rcafon in both cafes, and the one r.o greater an entrenchment upon 
his Prerogative then the other. 
(h\ m r ' '- Eleventhly, This is infallibly proved by the ufuall forme o r - tit. Kings anfweri to 

wtls t>AjJiZ r lucn BiW s as tne y 3 ^ enc noc to ' W Le Ro jf oit a v fo r * i 7k ' • A g wjll&f advifed, or 
iil's.p 78 vvj.h take further confide ration: which is noabfolute deny all Jfut a craving of logger time te ad- 
oi:;ers;orc.ci- v ife uponthem^nr 'thereupon to affent to them if he can fee no rufl caufetothe contrary , or 
ted. A Rcm»n- e ijg t o give fatis fait oryreafons why he cannot affent : Which anfw; t were not proper, nor 
f t<l uft tlvi fo rmaii > had the King an abfolute negative voyce to reject Biils, without rendring a 
ilTilh™ 1 ' fufficient rcafon of his refufallofthem. 

Twelfchly, Publike Bills for the Subj^Ss common good, are formed for the moft 

part,by the LordsandCommons themfeIves,who in truth(as I have clfewhere proved) 

arethechiefcLaw- makers,& who (as {c)Ariflotle defines) know bet :cr what is good 

■'■' Poll! I -,c, andneceffary for their owne benefit, then the King, their publike Minister for their good 1 

V ' * '* ' Jtaque mat or urn rerum potest asiurepepulotrtbuitur^sAriflotlesrdolu'Aon. Therefore 

in patting fuch Bills, there is greater reafon, that both Hou(es rhould over- rule the 

K;ng, then the King them. It is ufuall in allinferiour Counfefs of State, Law, Warre, 

of the Kings ownechoi/e, for the Counfell to over rule the King in matters of State, 

(d) i Sam. - 4 . Law ,Warre, unleife the King can give better reafons againft, then they doc for their 

38. r*4*4i9j. conclufive adviic ; and Kings in fuch cafes doe ufually fubmit to their Counfeis deter- 

Uix.zSdM.it. minations, without contradiction ; ofwhiah wchavefundry Prefidcnts,not onely in 

l^l^hYon'^i p*ohnc,b\it(d)Sacred Story. Phyficiansin points of Phyfickc,Lawyers of Law,Di- 

rkiCfcrajo vincs °^ Divinity, Souldicrs of Warre, Pilots of Navigation; and fo all Artifts in their 

2»3^,»|.F0ki feverall Arts, not only inftrucr, but over-fway their Princes, without finall contra- 

13.ffe1Jcr.3b diction: This being a knowne received Maxime in Law; Vnicuiquein fuaarte perito 

d'joit.D*?t,t. e ft credzndum : And {"hall not then the Grand Counfell of the Realme in all 

1 - tb le * publike State- arTaires 5 & Bills of Coiafequence,much more over-rule the King,then his 

Pri vie- Counfell? Especially fince in the Statutes of 1 i7. 4^.6.4.^,4^,.!, it is enacted 

to the end that the King may not be deceived tn his Grants and Gifts, awjuallorinfee,or 

in any offices by kimto be made, given, or grafted } H8 WILL by the a fient of the lords 

fpiritual/ and temporal! t and at the requefl of the Commons BE COUNSELLED BY 

THE WISE MEN GF HIS COUNSELL IN THINGS TOUCHING THE 

ESTATE OF HIM AJ\D HIS REALME; and that he will make no fuch gifts 

nor grants paving tofuchperfons as the fame deferveth, and as befi Jhallfeem to the King 

AND HIS COUNSELL. And fich it is THE DESIRE OF ALL THE 

ESTATES OF THE REALME, that nothing fhould be fo demanded of the Kinf, 

he mils that allthofe that make a pj fuch demand contrary to this Statute (hall be punished 

by advife of him and his Cou*fell t attd that he that maketh fuch demand \fhall never havi 

the thing fo demanded. A law now meet to be put in execution. 

Thirteenthly,IftheK:ngfhcuId have an abfolute Negative oycc,inrefufing fuch 

publ kt- Bills as arc neceiTary and expedient for the common good and fafety of his 

p#op , uld reii yi the mcere power and pleafurcof a wilfull or mifadvifed King, 

i by evil! Counfcllours, to deprive the Kingdome of the principal/ vfe, benefit, 

and 



ofdi/h cf Common Right andlujlicefor the publike gtod. yy 



wdprivt ledges of Parliaments, ( *)thc making of good and whc'.f,n:e Uwet^forti ' e gcodgo- Si, ; 
?r;:mentofthe Realme ,the removal/ or prevention of 'emergent grievances or d rye- \n>,d :,!> '' 
wecuttonofpublikejufiicc on Delinquents ; to the grcar peril!, p>'q'i;< Kr , if j,o: n 

Di <And our (f) AnMuall or Tr/enniallTarliamcnts (1 c n to no p^ 

*hcr puipclCjbuttolupply thcKing with Subiuli.s.or keep i facks aiu* R< [IV lament p*. I 

cm growing mouldy, whilfl the Lords anil Commons fate upon the rather like Holi'Jh.Csi 
.r. without a figure, then a £ curt ofTiripmenc ; if the Lawes of the :n l ■ trh 'h 
\c^lme\verc iuthe Kings hand or brc.fi alone, us Richard the 2. fomc times fa id tlxy t * tr ' eii J l> *r« 
vcrc (xi (g) Article obselledagainjl f /«* at his depe fing^concrcryro that approved re- { } j '.'[. 1 , 
C>lutiQfl or" h)ArtuOtle whatfocvo f :emcs goodto the maio'r fart ef the CjoXcmottrs of }he ■ •-'.! ^ VV , <^ 
ommon wealth that tteflablijhedfora Law; which hold? good in the Kv-gdomcof i)A- thi fill for Vri* 
\-aon >it this day ; where the Kit gin making pnblike Lawcs hath no abfolute negative f &**V2**L 
'o\ce, nor ret w Lummox inp of Parliaments . which are conftar.tly held at their f t times a - j7 » 

jeryyeareortwo atfurthejt, Whet Iyer the King will or not. * J 

lourtenthly, God himfclfc (the * King ef Kings, and Lord of Lords) held this a <' Voft. t^. 
Mir.cipallpanof his fovcraignc divine Prerogative; to g*ve hu people from heaven c *%- 
when they needed and required it) right Jtfdgments, and Lw>es of 'truth,good statutes , U^ror,m. 
indCemm udemer.ts for their good andwellfare : Nch. $. 14. Exod. c. 19. and 20 ' } . c '„ri ", 
md 3T.Deut.4- S. to 4 1. and chap. 5 throughout : Neither doth y willorcan he dc- com. p. ^8,'« 
iy any j nfi or neaffary fuite.prayer or petitionthat his poor fei vants andcreatures though >-?-■ 
'at dujt and afbes ) joyntly, or feverallj put up unto him ; but mo ft willingly grar.ts *^e-//.io, jj t 
t the leaf dcniall, or unneceffary delay, what ever good and needf nil things they re- \ lwt - *> r 5 * 
)uire at his hands. And canor dareKingsthcnclaimeagreatcr,an higher Prcrogitiue j^l* 7 '** 3 *** 
►:;cr their Kingdomcs, and fubjec^sthen Gcd himfelfe, the King of Kings doth over * p]r -* ? l0 
nscrttturcs ? or arrogatctothcmfelvesan abfolute Negative voice, where Godhina- //"h^ij, 
slfcfw hofe fervauts andvicegtrentsonly Kings are) neither hath nor will have any, hut 7 • w - '«M7, 
rterJydifclaimesit? Gcd forbid, that any fuch arrogant thought fhould cv(r emcr ■ rl - lt » 7 *7/^ i ^ 
nothehcarts of any chriftianKing?,who being in truth but fervants to, notabfb- /y;/// V 
jtc Lores over their Kingcfomes, invvhom the fovcraignelegidative power and au- , iebmUiiA\ 
iori:y r: fides, muft, and ought by the La wesot God and man, rather condciccnd to Tf* 4i 9 *4* 
icir ParJiamcwts and Kingdomes juft. requefts, in alTcnting to nccelTary whpllbmc D **»9f*>J**1\ 
\[\ La?wcs,then their Parliaments and Kingdome^ quietly fi.6mic to their unju(t dif- r ' rc ^ c;i Vl* 
(Tents unto them to the publike prejudice's is clcai by 1 Sam.8.^.totheend, 
FinalJy.our Anceitours have been fofarre from be/ccving,thatour Kingshaveanab- 
-lute negative voyce in fuch Bills as there, that they have net onelj constrained our 
lings by threats , yea force ofeyfrme/,tofnmmon and conttnueT \irltaments ,but Itkewtfe 
srnpellcdthtw to give their Royallt^jfents to Magn* Charta, fbartade Forefia } [ on- 
rmatioChartarttm, t/trtknlifuper C hartas ; with fundry other publike Statutes of 
light and JiihMcc for the common good and Subject farcty, and to ratifie them with 
bar hands 9 Seales y at he j proclamations, the Btfbef foiemne excommunications, yex 
\KdtheTopes leaden Bulls, againfl their ye-illand hkjng, as I have plentifully mani- 
cflediM the former part : Which forced aflcntshavc been held good in Law, to 
>inde thefe Kings and their fucceiTours, with this di(Vm<5tion ; where the Lawes to 
which this afient was forced are convenient, necelTary ; orelTentiallfor the Kingdoms 
welfare, the Subjects juft Liberty, and fuch astheKing by duty and oath is bound 
o aiTent to ; there, if they compdl the Xing to give his aifent in cafe of wil&l dcnyal' 

K % chc . 



7$ Thdt the I^ing bath no abfolute Negative ^oyce in the paf/ing 

the affent is binding, andfliall not beavoided by Dareffe, becaufc the King doth nc 
more then he is obliged by Law, Oath, and Duty tocondifcend to : Upon which 
ground, a (I) Tenant inforcedto attorn e to a grant eft r ever f on by imfrifovment, upon 4 
ft) 'J.M. Quid juris clamat.jhaH never avoidthis attornment by Durefe ; nor an (k) Obligation 
a *\x?H*T WadC hj '"' tA ^* iH execution f* r P^ment of ajufl debt ; nor thejusl judgment of a Judgi 
XrAuorlmM. i iven h ^^etfhallnotbeavoyded:)^^ is cleerc by Magn*Ch*n*>\\\A other Lawcs 
V . " g* tten **fi r ft by (m) 'Durefle and Menace; from our Kings, and) ft firme and binding 

(0**,V7. t "heneventhMaffented tojecaufejuftandnecefary, as King Henry the ?. Anno 1222, 
E.a .7*. Aft. 1 % confefied; (n)Who when the Barons demanded of him the confirmation ofthegreatCharter, 

*»'?/*, w* B J^^yOne of the Kings Connfdl angering, that the Liberties they demanded mufi not 
Tk\. Duref.j. ** *>f*™edbccaufethey wereviolently extorted, and words hereupon growing between 
?• 1 1, 13,1 ', 1 the Barons and him, and the Arch-bifliopof C^m^ary kindling at it; the young 
! 8 ' Kin g prudently clofed up the whole ftrife with this fpecch ; sAUofus have fivorne t§ 

\Zrisl Ito tht f eLiherties > «»dthatwhich wehavefrorne ALL OF US ARE BOLND TO 
%$7* OBSERVE, But where the A&s to which the affent is gained, are unjuft or ille- 

(n) speedy p, gaU.fuchco which the King was not bound by Oath or duty to content, but meercly 
597 Mat,, vm . out of neceflity to avoid imminent danger of death, or other mifchiefe, and where the 
PW* Darnel, whole Parliament was enforced as well as the King; there the alls may be avoided by 
?•*»• Dnrefe,zs is evident by the Statutes of 11. and 2i.of£. 2. c. 12. by the Statute of 

3 I H,6.c> i,( which makes voydallthe Petitions granted by thisKing in a former Parli*- 
mentthe z9.ofhuReigne i andaUindtttments made by Dure fe, through the Rebellion, 
Tyranny y and CMenaces of lack Cade and hi* rebellions rout ofTraytors) and by 39. 
H.6.C. 1. 1 %.E. %.ftat. 1. aad 17. £4. c. 7. Yecthefe enforced unjuft Bills, being 
publike A(5ts,doncina legall forme, arenotmeerly void, but good in Law till they 
be repealed, and nullified by afubfequent Parliament ; fas is evident by the next 
(o)lLH.6.c. } forfeited Statutes;)cvcn asa(o) Marriage y Bond y or deed made by Durefe or Menace ,are 
hc.^Jatl g °° d '* LarP > *»*»<* mecrly void, but voidable only upon a Plea and Try all. And i{ (ubCc 
e-'faui c.\ ( 3 ucnc Parliar "ents rcfufe to reoeal thefc forced La ws,and to declare the Royail affent 
1 *.>,« 15/ hereto by coertion, void or ille gall, the King cannot avoid them by Dureffefbccauft 
5 x.i.c6 3 r« his Royail affent is a judiciall Ad in open Parliament, which his oath and duty obli- 
TteZ^r^' gcd him to £ ivc ' and theLawcs are rather the Parliaments A& which was not forced 
' *V- then his ownej but they rcmaine in full vigour as if he had freely affencedto them -5 
which is moft evident by the Statutes made in 1 o. and 1 1 . R. 2 . which though cxtor- 
tca from the King by Dureffe, againil the mil and liberty of the King y and rhhtofhii 
Crowne, as is pretended and declared in the Statute of 2 1 . R . 2 . c. 1 2?yet they conti- 
nued in lull ftrength for ten yeares fpaceormorc, (during which time there wen 
noleilethen 8. Parliaments held under this King) becaufe thefe Parliaments -refufec 
to reverfe them upon this pretext of DurefTe. 

Fromallwhich premifes, I humbly conceive, Imay infallibly conclude, Thatth 
Kmgin faffing the for e-ment tone dkjinde of Bills, of Common Right and luftice for th 
Kingdomcs,and cheSubjc&s wealc and fafety, hat hnoabfolute negative voyce, butmuj 
and ought of common right and Juflice y by venue of his Roy all oath and duty ,to give his re* 
dy and free afsent unto them without any t er giver fatizn. And fo the Parliament in thei 
Declarations rothispurpofe,hath no wayes invaded nor injured his Ma/eftics/iift Pr< 



rogative royail in this particular . 






ofB'tlls of Common Right and lufticefor the publih tgood. 79 



Nor thoic members in it e clipfed his Royal! grace, who have upon occafion given 
irTirmed,the Petition of Right >the Bills for Trieniall Parliaments (which before by 
L.r.v were to be annuall at lea it ;) the continuance of this Parliament without adjourn- 
nent,for thcKingdomcsneccflary prcfervation ; the ads ag*\nl\ S hipmonej , Foreft- 
Sounds &C. Mllegall new invented grievances, and opprcflions not heard of in 
former Kings Reigns)and the Statutes for thefuppreffion of the Star-Chamber, High 
\ cmmtjfionl Knighthood, andBtfbops votes, ( lately growen intollcrable grivancesand 
mikhesfes totheRcalmc; Efpecially fince his Majefties Reigne;) to bee no ads . s e fr r ^ 
of niofi tranfeendett Grace ,fuchas never any Prince before vouchfafed to his people, / m | ar , Scrm. 
asthcy are daily cried up in Prejfe and Pulpet j but Bills of meere Common Right the lift inra- 
ind Iuit ice, which the King by his RoyallOflfice^OathjDutyJn Law and Confcicnce 8 ura l n dr- 
ought to aflcne unto, and could not without apparent injuftice deny to palfe, when 
both Houfes urged him thereunto ; the unhappy fractions of all Parliaments, and 
Grievances of chefe Natures under his Majefties owne Reigne and Government, 
occafioncd by his evill Counccllers, being the (ble grounds and juft occafions of cna- 
ctino thele necefhry Laws for the Subjects future fecurity ; if the fword now drawen 
tofupprclVcthc Parliamenr,and cut thefc Gordians( or racher C ohvoebs ^Diogenes on^c 
termed Laws^fundcr^dfprivcthcm not of their benerlr,bcf. re they fcarce enjoy it. 

I fhould now here proceed, to manifeft the Parliaments taking up of dcfenlive 
Armesagainft his Majefties Malignant Army ofprofdfcdPapifts, Delinquents, and 
>:!IagingmurtheiingCavalccrs,(whofegranddciigneisonely tofctup/\>/^rj and an 
ibfolutc tyrannicalGovcrnment over our confcicnces bodies^ftatesj in defenfc of their 
>wn pcr!bns,priviledges,the Subjects Laws, Liberties, Properties, and our Protcflant 
ftablifhed Religion (devoted by Papifts to etemallruine, as we have caufctofeare) 
o be j'uff, lawfull, and nocrcafon nor rebellion at allagainft the King, neither in 
>ointofLaw nor confciencc ; And that the Parliaments afTcffing of men towards the 
naintenance of this neccflary defenfi vc warre, by an Ordinance of both Houfes oneiy 
vithou: the Kings alTent, (now wilfully abfent from, and in armes again/} his Par- 
iament and People ) with their diftraining and imprifoningoffuch asrefufetopay 
t; and their confinement and fecuringofdangerousMalignants,to be justifiable by 
.aw and ancient presidents. But this part being already growncfbmewhatIarge,and 
laving lingted much longer at the PrciTe then I expected ; I have thought it more 
onvenientjto rcferve the remainder for a future Trcatife by it fclfc t then to hinder the 
late of the prefent benefit, which it may receive by this,through Gods bleffing,ere the 
>ther can tee coropleated; which I hope will fully un»blindfoJd the hood-winkr 
world, and either fatisfie the cenfeiences, or flop the mouthes of all who are not wil- 
fully malicious againft the Truth and Parliawents proceedings ; and the Sovtrtign* 
*owtr ofParliamcnts and Kingdoms, over their Kings thcmfeJres. 

FINIS fart is fecund*. 
Errata 

P*£c, 5, 1, 6*. for uujuft, r, nttjnft. p. 1 5, J. 2 $, mans, p. 5 ©. 1. a. ever. over. J. 2*. 
title, li*. p, 51. 1. 46. provsfious.p. 48.I. 26. in the margin, james, IF ranch-, 
>na< other prcncerroM are in foroe few copies, bye coredlcd in themoft. . 



%> 






. 






m 



THE 



& 



OF 



[THIRD PART 

THE 

ISOVERAIGNE POWER! 



as 



O F 



1 Wherein the Parliaments prefent U^ecejfary T^efenjhe 

Wane againjl the Icings offenfhe Malignant^ Popifli forces - y and Sub- 
w jcfts taking up Defenfive Armes again fl their Soveraignes, ancj their Annies 
BO in [owe Cafes* is copioufly manifefted, f0 ^ ^//, Lawfully both in 

<$& -point ufLaw and Confeience^ and wither 1 real on nor Rebellion in either j 

|| by inpregnable Rcafons and Authorities of all kindes. 

||k - Together 

AtWith iSdtisfattery Anfwer to all Objections, horn Law, Scripture, Fathers, Rea- 

|?I /<w 3 hitherto alledgcd by Dr. Feme, or any other late eppofite P j, whofe groile 

in true Stating of the prefent Contr over ji* 3 \n iundiy points of Divinity^ 
3& ■ hrheirabfurd irrarionall Logkks *' ,arehcrc 

Mj • li^re/u/f^than hitherto they have been by any: 

jg. fides otlicr particulars of great c . nt. 



i>l \V i l l i a m Piymn B,Mtter-Barrcflcr,pf L/ncolnes Innc. 

i hi. 1 0. 12. 

-, and lc t Hi play the men for o:v V-:ople 3 andf: r tbt \^d the Lord doc vrha t ft t 

• 
Efther 9. 1,2. ?, ic. 

ut&BtbeFi Kvn^Ahafhueru 

tbnandtbem; for the feare of them fcB . aU their en 

\ an i flmtgjbter and deft) uBi m , and did wba 1 : .' with tbcfe that bated them ; 
tj not their band. 









TstRLIA-JMEWTS and KJ^QVOMES. I 



I 

op 



3fE 



i 

I 



ME 



It is this eighth day of /l/./j, 1 643. Ordered by the Committee of the Houfe of Commons 
in Parliament for Print ing,that this Bookejntimkd//'/ c third Part of the . v 
Fowtr of Parliaments and Kingdamesjbc Printed by Michael Sparky fenior. 

he. 

Printed at London for Michael Sparke, Senior. 1 645. 



m 

m 

i 



3f£ 






TO HIS 

EVER-HONOVRED, NOBLE; 

KINDE FRIENDS, 

THE 
Right Honourable Lord Ferdinando Fdirfax,thc 

Right Worfhipfull, Sir William Waller, tnd Sir WiMm 
Bruerton,Kn\g\\ts y Commanders in Chief e f of 

the Parliaments Forces^ni eve rail Counties* 

Dcfcrvedly Renowned Worthies^ 

\0V!{ Incomparable Valour,Zcale, A&i % 

I vity,Induftry for the prefervation of Your Dea« 

reft Country, Religion, Lawes, Liberties, 




J| and the very being of Parliaments, <a# wok> 
endangered by an unnatural' generation of 
Popifh and Malignant Wipers Jately rifen up 
in Armes againfl them in diverfe parts of this 
Rcalme^ and thofe many miraculous Victo- 
ries Vith which God hath heene lately pleafed to Crownc your cordis 
all endeavours, to promote his glory and f^Publicke fafety, *s 
they have juflly demented fome gratefuil general! Acknowledge* 
ments/ro;;if/^W;o/fReprefentative Body of the State . fo they 
may in fome fort challenge a private gratulatory Retribution from 
Me } toho have formerly had the happimffe to participate in your Chri- 

A z flian 



The Epiftle Dedicatory, 



£.!OS,f0ll2, 



{liar* &fiQ&ions ? 4ndnou>reape much Confoktion by your Heroic! 
Adieus. 

EaVmg therefor efafonably ifmijhed this Third par?, Of the So^ 
ver^igiie Power of Parliaments and Kingdoms- ' copiouflyViru 
dicating, the Lawfulneffe^Iuftneffe of the Parliaments prefenc 



A^ommmaeYi^tnyourjeVerauLountnes,) in point both or Law 
and Confcience - andfully impin* offthofe blacke Afperfions, of 
T^EASOH t and ^EBBLLIO N>u>hich the oppofite par* 
ty (really guilty ofthefe crimes againfi: both Ki ng and Kingdonte, 
*?m i.tdit. i as I haVe* elfewhere itianifefted, W here lightly touched) haVe out 
o/'Malice > Igtiorance :i or both conjoyned+mofl injuriously caft uponyour 
Loyally honourable proceedings^^V/; rejoyce the Joules of all true 
Pfrilopaters^fo cordially affeB their Country or Religion. I could 
not, without mwc£ ingratitude,^ injuftice, have publi/hed it to the 
Tborldj fat under the Patronage of your eyer -honored reftlendent names, 
T&hobaVefo Valor ou fly 9 fo fucceffefully pleaded this Caufe already in 
the Field, that it needs theleffe afiftance from the Prefle. 

My many inevitable interruptions andftraites of time in its con* 
texture, winch may happily detraH fbmtchin^ from its perfection • 
/halt I hrfe, derogate nothing from your Honourable, Friendly accepta- 
tion $ vphm I have thus conjoyned in the Dedication ; becaufe the 
Parliament hath united you in their pre fent Warlike employments, 
an,d G'i'd limfelje joyntly honoured you Mth fucceffe, even to adrnira* 
t\o a among the Good, indignation amidfi Malignants, envy with 
the Malicious y and* I tr$tft 3 to an aflivejedulom emulation inallyour 
Fellow- Commanders, imployed in other Quzikys inthefelfifamt 
Caufe. 

Your pre fent bujie pubYikQ y andmin€owneprivsLte Imployments^ 
Prohibiteme to expatiate-, Wherefore earneflly bejeeching the Glori- 
ous 






The Epiftlc Dedicatory, 



us Lord ofHofts to beeper mightily prefcnftoitb your JeVerallNo* 
le Perfons, Toxccs,and tomakeyonalwayes cmincntly^dive.Va- 
orous, Victorious, m hitherto he bath done /til Peace WTruth, 
"ranquillity and Viztyjbyyour /ever all triumphant Proceedings ,fl) all 
mcc more lovingly embrace and kiffe each other in our divided 
[nreformed, fin full Kingdomes^ And till the e/fett of the/ejuB Carres 
mmanage, /ball be quietneffeand afliirancc to us and our Pos 
terittes after us for ever ; J humbly recommend your Terfimsfro- 
eedings to bis pretention who can/ecure you in and from all dangers of 
»arre } 4ndre/l y 

Your Honours,Worfhips 

mod aflfe&ionate Friend 
and Servant, 



William Prynne, 



M 



To 




To the Reader. 




a, 1. 1. p. i. 



(b)Ap-d vent 

Dei cnltcrese- 
UMM tffk c:l!i 

r.:ncupiditate 
ant cnuk/itgte, 
fijpicis Jiu.ii o 
ge-nntur Aug* 
dfdiverf.Eccl. 
ibftrx.j.Qrtti' 
at\ Ciuf. iJ^W' 

*. CMp Afud, 

Alberta* Gtn- 

':1a it Iktc bel- 
li, /.i.e.*. 
(c)V.:r:.c ..'■ ■ 
ft qu0ad\ in 

t\\ Ln Iff, Ko, 



Who havebeene alwayes hitherto ^a CtriiaDefim, 
tnd'vwcrofTcxt, am here neceflltated to preient 
Th't with a Difcourfe of mrre- to juftihe The Ljw- 
fulneft of the F.v laments preterit taking up of *e- 
celUn Vefhfive Arms. Which neither their £»- 
JUra, nor my , »/>* m«y «/*« PWw could 
(with any fafety to our VrimUdgs, Perf**, Mehpl 
M £/fcrrt, Km*"*, now forcibly invaded by his 

X^J^^rff^W 8 "?'' hl:hert ° pl ' eVent> ° rCOn)UrC 

d0 ?o e plead t heJuanea^ 

^7^ r SSK* Land heretofore bleuld with 
an aged, uninterrupted Peace : And (*) £«"»? 

(now moft unhanrUv revived among us; being but HtfmcsU, and Poet,- 
K „ mui \r }L L nr \A with lefle admrtiton and «»/«rf,than this for/* 

tied Pete vo is STwhole drift of this MtyMcrtm* , not to /,- 
minor oirll, but «rf our NMft *-"« -which nothing hath moreex- 
3S lengthenedinthc Advetfc party, than a ftrong con- 

be7e\ Time here refuted, removed) and the In-adivity, themuchad 
n P d Scfffo many of our Forces, in refining, in presenting the 
Sorou, Proceedings which a little timely vigilance and diligence hac 

'l! is C a°mo"ethan M I**** mhu^u for any perfon not to put tc 



The Bpiftlctotbe Reader. 



mg, dying Native Country -, buz to protratt its cure, to enlarge, encieafe 
S deadly Ulcers, Stabs, Sores, and make a laflingtrade of War redout ot'afor- 
'd,(d)fwfull defire of Gaine,oi Plunder, to raife a private fortune by the 
epubltcksruines y (a finne, of which iome nrrchaace are guilty ) is an ^V?SS 

1 nil n 11 J t ^ * r on eft d I ilium 

nparallcld, moil unnmwM prodigious Impiety. fidp-rpierpr*- 

It wasthouglit a great d/ftonour heretofore, tor men of Honour nnd E- dmna/iurg 
ates, not toferve and defend their Country gratis, is our own (e)Larpbooks & ^SSS^ik 
'ift$nes plentifully manifeft: and fhall fuch Perfons now mine fordid i>om.Trati i 9 . 
fercenanes -, ftirrc neither hand nor foot without their Pay-, and be more to ™****- 
iligent to get their wages, than difcharge their Service * God forbid. {ejSecLhtfc 
ltis(f) Recorded of the Children of : Gad and Reuben, after they had »«»»«> hisChap- 
covered their inheritance on this fide Jordan, that they went all up armed be- ]an°v,^ght-" 
re the Lord over Jordan, at their cwnefreecojl, untillthey had arivenout all frrvicc, Efcu- 
e enemies in it before them, fubdued the Land, andfetled their brethren of the ??&£j£ i * / ' 
her Tribes peaceably in it. And fhall not Englijhmenoi Eftares doe the Jofh.i.i»,to 
te for their Brethren now, in thefe times of need, when money ( the l8 - 
lewesofWarre) is almoft quite ftnunkeup,by reafon of former Dif- 
trfements and want oiTradt ? We read^^j That the very Heathen Kings r g ) ] U d g 5 . , p 
' Canaan when they came and fought in T aanach by the waters of Megiddo, 
\AinfltheIfraelttcs, THET TOOKE NO GAINE OF MO- 
E T 5 for their paines : Such was their Noble generofity , which T>ebo- 
h regifters in her Song for their etcrnall Glory. And we heare of di- 
ns Lords and Gentlemen in the Kings Army, which fcrve againft their 
vuntry gratis -, yea furnifh out fundi y Horfe and Foote, of their proper 
>ft -, ot few or none fuch there who receive any Pay. And (lull tfiefe-bc 
tore free, generous, aclivein ferving, fighting i^[n{iGod,Religion,Lawes, 
tberttes, Parliament and their Country . than thole of like Ranke and qua- 
:y on the Parliaments party are in warring for them ? O (h) let not fuch rt)zSm.ha& 
lignoble, unchriftian Report be ever once jufii'y toldinGath, or pdlifh- 
I in thefireetsof Askehn, lejl the daughters of the Philijlmesrcjoyce * left the 
mnes and daughters of the uncircumci fed triumph . 

I know there are fome Heroicke Worthies in the Parliaments Armies of' 
rhom I may truely ting with Deborah, (/') My heart is toward the Govcrnours ri) Jud^. 5 ... 
n lfrael, that offered them [elves willingly .among the people ., and who like Ze* lb - 
don and Nepthali, have freely jeoparded their lives unto the death^ in the high 
of the field. Slcffcd be their Ende#vomrs t and their Names forever 
r onourable : I fliall now oncly wifti that others would imitate their lau- 
%ble exar\plcs , that fo our bng^Ungring warns, may be fpeedily and 
ippily determined in a bltffeA ^ficure, honourable, laftmg Peace. 

They. 



The Bpi/lletothe Trader. 



' -• Thcvare Tormentors, not Chirurgions, Executioners ,not true Stuldurs, who 
defire 'endeavour not fpeedily to clofe up and heale their deareft Countries 
bleeding kilr'mg wounds ^ for which I have prepared this Treatife, as a 
Soveraigne Balme, to incarne and cicatrize them, not ulcerate, or inflame 

"lit was the Prophets Patheticke expoftulation, (k) The har-vejl »- pojt) 
OJ Jcr.8..i? f fhe Stmmr u e „ dcdj 4 „ d m <,„ not healed : Is there no Mm w Cilead? h 
>S ' there no Phyfitiari there', why then is not the health of the Daughter of mypeopfc 

recovered' It maybe England* and Irekr.ds expoftulation now .--The 
Lord put it into the hearts of our great Phfitims ( the King , Parliament* 
and Grandees o^ both Armies) that they may now at laftwth Weeding, 
melting hearts andipirits, fpeed.ly poure forth fucheffeduall healing 
Balmes into thefe two dying Kmgdomes deadly wmnds, as may effectually 
cureaadreflorethem to more perfed health and vigor than they ever for- 
merly enjoyed, that fo they may 1 ofc nothing but thcvptridhUod, their 
proud de*d fte(}>, their flthyfanies and corrupt humours, by theu fmattt. 
rail lids already received: 'Towards the advancement ox wwdi much 
defired cure, if thefe my undigefted rude Collections (interrupted with fun- 
dry inevitable interlopingD/#«tf/<w,which may juftly excufe their many 
defers) nuyadde any contribution^ fatisfie any [educed, ox [crapulent 
Confciences touching this prcfent W5»rr* •, I mall dccme my labours highly 
rccompenfedj Andfo recommending them toGods blepng^ and thy cha 
ritMeacceptMion, I fliall detaine thee with no further Prologue. 



Jarewell. 



— ' 











THE 



SOVERAIGNE POWER 

PARLIAMENTS & KINQDOMES: 

PROVING I ft . 

Zta* 'k Parliaments prtfoit neajffary Tefenfrve Warre, is Just and Law- 
fun I h in pofo t ofL tV and Confcmce^trnd no Treafon nor ^hellion. 

Avi< g in the two former Parts of this Difccurfe diflipatcd 
fourechiefe Complaints againft the Parliaments procee- 
dings;! come now in order (in point of time and feqaci^ 
totbe 5 th Grand Qbjc&ion of the King, Royahfts, and 
Papifts againft the Parliament. To wit : * That they have 




ofya. s< 



Sec many 
fraiteroufl; tak*'*up slrmeSyttrd levied warre agamfi the Printed De- 4 

citations, 



King himjetfe in his Kingdome; and wcutdhwe taken aw y 
bis life at Keinton £>attet£> which ts no lejjc than Re b Alien 
and High Treafon t by the Statute of 15. E. 3. c» 2. nitb 
other obfolete eyftls; and by the Commtn Law* Which 
3oje&ion, though laft in time, is yet of greateft weight and difficulty, now moft 
tyed up and infi ted on, of all the reft, in many of his Ma/cftks late Proclamations, 
Declarations,^ in Antl-Parliamsntary Pamphlets* 

To give a pund:iiall Anfwere to this capital! Complaint, not out of any defirc to f o- 
, nent, but ceafc this moft unnatural! bloody warre, which threatens utter defolation 
o us if proceeded in, or not determined with aju^:, honourable, fecure, lading 
cace; now lately re/eclcd by his Ma jetties party. I fay, 

Firft, that it is apparent to alithe world, wh d are not willfully or malicioufly blin- 
ed; That this Majesty firft began this warre, not onely by his endeavors to bring up 
lcNorthernc Army to force theParliament,confeffed by the flight,letters,examinati- 
ns of thofe who were chicfe A&ors in it; but by railing fundry forces under colour of 
guard before the Parliament levied any. 

Secondly, that the a Parliament in raid ig their forces had no intention at all roofer 
vcleaflviolcncetohi^Mifeftiesperlon,^^^!!?, dig»iicy, nor to draw any Englifa 
ood; but onely to defend themfelves and the Kingdomc againfthis MajefticS Ma- 
^nanc invafivc plundring Forces, to refcue his Majefti: out of the hands, the power 
"'thofeillCouncellersandMalignants who withdrew him from his Parliament, to 
nnghirnbacke with honour, peace, fafecy, to his great Couacell; (their Generall 

A and 



Proclamati- 
ons to this 
eftc&s with 
other Piixi* 
phlc;$. 



Anfo, 



2: 

* Seethe 
Houfesfevc- 
rail Declara. 
tions co this 
efo£. 



The Lawfidnefje of the Parliaments necejfary Defenfivt 



and Army Marching \Vith a Petition to this purpoie J and to bring thofe Delinquents 
to condigne puaifhment who mod contemptuoufly defeated the Houfes, contrary to 
Order, I aw, the Priviiedgcs of Parliament, their owne Protection taken in both * 
Houfesjfhdtringthcmfelves, under the power of his Maj:fties prefence and Forces, 
from the j jftice of the Houfes, and apprehenfion or their Officcrs,contrary to all pre- 
fidents in former ages, in High affront of the priviledges, honour, power of the Par- 
Uament 3 and *P#W*wr #£<*// ^nowns La\\>eot the Reaime : Since which time, his 
* v x $ E l c *^ Majeftie having (contrary to his ioxvciziTrocUwations and frequent Primed folemne 
lltAjkejT*- Dnfowi ™) entertained, not onely divers hifb Pop fiR*beIs,but likewile E*ghfbml 
bUiC omm P' ^ u ^ a ndifli Papifts in his Array ,and given Cummiiiions to fundry *Arch- Popijb Reca- 
6, 7 the Law /ants x to Acme them(elves,and raife Forces againft the Parliamcnt,and Kingdom, now 
bookeschere i n the field in all the Northerne parts,Wales, and other places, ( and that under the Popes 
8^ l i5*f e' owne confecrated Banner as many report,) in defiance of our Proteftant Religion,. 
3 . \ 9 ! (defignedby the Popijb Party both at home and abroad, to no leffe then utter extirpa- jj 
Coron,» 6 r. tion in England^ Well as in Ireland^ if not in Scotland too, (as fome of them openly •; 
Vyer x 6o.. profeflfe; j> the Parliament are hereupon neceffitated to augment and rccrute their for- jj 
Stamford: ^ c esjas for the precedent ends at firft, fo now more efpeciaily , for the neceffary defence j , 
frijrtf'fii, °^ * c Proteftant Religion eftabliflied among us by law; againft which they fand all.fl s 
f yX$ \\ *' ' 'others who are not wilfully blinded) vifibly difecrne a raoft apparant defperate 11 1 
^ The De- confpiracic; which though not cleerely perceived, but onely jufllj fujpefted at firft, j : 
curationof- doth nowappeare fallcircumftanccsandagcntsconfidcred) to be the very Emhioll 
^^^ s ^ n and primitive caufe of this deplorable warre; agninft which the Parliament and fub* f 
Aniwe^co his j^-arc now more neceffitated and engaged to defend thcmfelves then ever, feeing : 
Majeities, they have by all poffiblcmeanes endeavored to prevent this warrcat firft, andfincetol 
cqneerning accommodate it,though in vaine» upon juft, reafonablc, and honorable fafc termes foil n 
ftekmfito* King and Kingdome, The fole Qucftion then in this cafe thus truely ftated will be. 
-*♦•- W hether his Ma/eftic, having contrary to his Oath,Duty,the f undamcntall Laws djl <x 

God and the Reaime, raifed anArrnieof Malignants, Papifts, Forraigncrs- agaiofl^i 
his Parliament, Kingdome, People, to make an Offensive warre trpon them, tclcc/ 
murthe^robjfpoylejdeprive thtm of their peace, liberties, properties, cftates; t<[ p 
impofe uniawfull taxes by force upon them ; protect Delinquents and evill Coun. iy 
cellors againft the Parliaments Justice, and violently to undermine our cftabli/]ic<| k 
Protcftant Religion* the Common-wealth of England legally afTembied in Partial I 
ment; and all Sub/ccls in luchcafes, by Command and dsredion from both Honfclto 
of Parliament, may not- lawfully and juftly without any Treafon or Rebellion, in poifil da 
of Law and Conscience, take up defenfiveArmes to preferve the Priviledges c| 
i, Parliament, their LaweSjiiveSjlibcrties^ftatcs.properties^Reiigton, ro bring Deiirl ih 

i .;4cnts arid ill Councelburs to coodigoe pumfhment, and rcicue his feduced Ma/eftil k 
out of their hands and power, though he ce perfonaliy prefent with them, to affil 
and countenance them inthis unnaturall deft ru&ive warrc ? 1 cone 

And under correction (notwithstanding any thing I ever yet heard or rcadtotrl 
contrary) 1 conceive aSrxnarivcly,that they may juftly do lt.both in point of Law an I 
Conference, Ifhali begin with La w a becaufj; inthis unbappic controver(ic,itmuftd I 
reel the confcience, ■/ft), 

>%<& i & 2 H;lVl have h already provsi in Judgement of Law, the Parliament and -KitiiW/o 
v*ugu«hcuc, doWeaffembled initio be the Soveraigne power, and of greater authority then til \\ 
King, .whs is but -sbeir publike Minifter in pointof dvill luftke^ andGenerall J , 
W&&& QEmmfy^hs&mm&mg&wd Bmpetor^ wac* m&loth£d:orratg| 



WarrCj both in Point of Law, and lonfctcnce. 



Kingsof old andat this day arc. The Parliament then being the highclt power, and 
ruvingprincipallnghr and authority to denounce, concludeand prcclaitrc warre, fas 
I have manifested nuhe debate of the MHhUf) ;nay notoncly lawfully rel;(t,butop- 
pugnc, fuppreffe all Porces railed againit it, and the Kingdomes pc3cc or welfare. 

Secondly,the principal! end of the Kingdomes .original] erecting Parliaments,and in- 
veiling them with fuprcamc power at tirlt> was, to defend not onely with good La wes 
and Counccll, but when ablblucc nccelTitic requires (as now it doth,) with open 
force of Armcsj the Sub/eels Liberties, Pcrfons, Eflatcs, Religion, Lawcs, Lives, 
Right?, from the encroachments and violence of their Kings, and to keepe Kings 
Within due bounds of Law and Iuftice $ the end of inftituting the c Senate and Ephori c Ut Vtiyhtu 
among the Lacadcmonians, the Senate and Dictators among the Rmin y the d Ft rum Htft.l.6.**rt{i 
SHprar6tenft, and J uft<tU A regent* anong the AragonUns ; of Parliaments, Dietta, lo i*iUc*e« 
and ^ilcmblics of the eltatcs in other forraignc Kingdomes, and in $cot'and> as I (hall ioX*«M« 
prove at large in its c proper place. This is clearc by the proceedings of all our Parlia- Bodm 1. i , c 3 
mentsin former ages; Efpcciallyin King Ichns, Her.ry die third, Edward the i. a. 3. d ,0 \ l '*> c \** , 
and %kb>trd the leconds RaigneS; by the latter Parliaments inKing/^wr / his raigne*, ^ l ^3^ n% 
yea of 3. £4ro/*,thela(t diffolvcd Parliament, and this now (itting, whofe principal! Re f um c * m „ 
care and imploymcnt hathbeene to vindicate the Subjects Liberties, properties, lawes, wcwr.p,j88 # 
and Reiigion,fromalliliegall encroachments on them by the Crown and its ill Inftru- 5*9.7 ^to 
raents: by the f forccited refolu tions of B ration, Tleta, the M)rror of Inflicts , Vorre ll % 7 * 5 ' 7 * 7,to 
Hol$*J7jcd : the CoHncell of Bafill % «nd ?/£w,that the Parliament ought to reftraine and ^arfrta'dt 
bridle the king when he cads effthe bridle of the Law, and invades the Subjects Li- Rrje&RcfU 
bcrties,cfpecially with open force of Armcs in an Hoftilc manner : and by the conftant ivjHtd. i*.%< 
practifc of our v*nceftorsand the Barons Warrcs, in maintenance of Magna ^harta, to 10* 
with othergood Lawesand Priviledges, confirmed by Parliament. If then the Parlia- 'l*^ ?m 
imcnt be intruftcd by the Kingdomc with this Superlative power, thus to protect: Ac?p a J^" 4# 
Subjects Libcrties,propcrties,Lawe8,pcrfons,Religion,&c. againft the kings in va (ions 
on them by policic or violence: they (hould both betray their truft, yea the whole 
»<ingdome too, if they (hould not with open Vorce of ^rmes, fwhen Policy, Coun- 
JKli, and Petitions will not doe it J defend their ownc and the Subjects Liberties, per- 
sons, priviledges, &c. againft his Maj :fties ofTenfivc Armies which invade them, in- 
ending to make the whole kingdome a prefent booty to their infaciablc rapine, and a 
I uture vaflallto his Majefrics abfolute arbitrary power, by way of conqueft* 
» I readc ins Bodin that the Roman Senate being no wayablctorefcraincC\f/rfr,tookc scommH- 
heir refuge to that ancient Decree of the Senate, which was commonly made but in »edth Lj.*.i 
langerous times of the Common- weals, Videant Confutes & cateri Magislratus ne^ plut ^^- 
ifttd detriment cafUt Refrublka : Let the Coofulls and other Majcftrates rorcfee that pm t €W b 
jhc Common-wealc take no harme. With which docrce of the Senate, the Confulls 
t >cing armed, fodainely raifed their power ,commanding Pompey to take up >4rmcs and 
\ aifc an Army againft Ctfar to oppofe his violent proceedings by force who after bis 
onqucft of Pompey refuting to rife up to tbeConfulis, Prctors, and whole Senate, ouc 
JM his pride, through his ill Counceliors advile, and talking with them, ss if they had 
: >eenc but private mcn,hc fb farrc offended both the Senate and people, that to free 
.; he Rcpnblickc from his Tyranny,and prefcrve their hereditary Liberties, they confpi- 

tcd his death,and (oone after murthercd him in the Scnatc-houfe,whcre they gave him 
|0 lefle than a g.Wounds^And * Hieronimus BUnea aflurcs us,that the Snprarbtcnje To. h jjjjjf*" 
*m 9 lHftitU vfrtgmtjx States ofArag'n, (erected to withftand the tyrannie and en- *commnui. 
roachments of chcir kings) may by the Laws of their Realmc affcmblc together, and 7i4 . 
1 A a '" RESIST 



7 he LarvfHlneJfe of the Parliaments necejftry Defer* five 



RESIST THEIR KING WITH FORCE OF ARMES,^ oft as there Jballbce 

c neede tor epulfe his } or Ms Officers ziolewe tgainft the Lawes ; Tor when they ereclcd 
i this Courts they faid, Ic would be little worth to have good Lawes enacted, and 
t a middle Court of luftice betwecne the King and people appointed, if ic might not 
tbehwfiiilto take up Awes for their Defence when itwasneedfnil $ (being agrees 
« able to the very La w of nature and rcafon;) Becaufc then it will not be fufricicnt 
c to fight with Counfell : For if this were not io.and the State and Subjc&s in fuch cafes 
€ might not lawfully take up armes, all things had long ere this been in the power of 
c King?. Therefore, no doubt, our Parliament and Stare, as well as others, may by the 
^very Law of Nature, and fundamental! inftitution of Parliaments, now juftly take 
c up Defenfive armes to prefervc their Liber tics, Lawes, Lives, Eflatcs, Religion* 
v from vafTailagc and ruine. 

Thirdly, Our ownc Pat liaments, Prelates, Nobles, and Commons in all ages (cfpS 
cialiy in times cf Popery ) as well in Parliament, as out, have by open force of armes 
refilled , fupprefTed the oppreflions, rapines, vnjhft violence, and armies of their 
Princes raifed againft them*; Yea, incountred their Kings in open Battells, taken 
their perfons Prifbners, and fometimes expelled, nay depofedthem from their Roy- 
all authority, when they became incorrigible open profefled enemies to their king- 
domes, their Subjects, feeking the ruine, flavery, and defolation ofthofe, whom by 
Office , Duty , Oath, and common luftice , they were bound inviolably to pro* 
^ , tcft in Liberty and peace, as the * premifed Hiftories of Atchigallo, Emcr';an % Vorti* 

s^&c^ ' gtrn^Segebert^ Ofred, Etbelrtd, Bernard, Edwin % Ceofattlfe, King John, Henry the 
7y l " ■ ' *$*. Ehvard i. and 2. Richard the 2, Henry the 6 l K four Britifi, Saxon, Englijh 
JLwgs 9 )znd other examples common in our owne Annalls, plentifully manifeft. Nei- 
ther are their examples fingular,but allKingdomcs generally throughout the world in 
1Jge j ri a all ages have done the like, when their Kings degenerated into Tyrants, of which 
?o-ir.l:5 c. iothercrf^ * infinite precedent in Hifloryx which actions aH ages, all Kingdomcs have 
D-. 'Beards alwaies reputed lawtull both in point of Policy, Law» Religion., as warranted bj 
Theauc of t hc very Lawes of Nature, Reafort, State, Nations,. God ; which ,J in{trucT:,not oncl; 
Gods iu dge- p art j cu i ar perfons, but whole Cities arid Kin gdornes for their ownc ncceffary defence 
^co"; *aX preservation, the fupportation of humane Societie and Libertic, toprotccl t.hemfclvcJ 
zcwrun'Cerc-zgzwR. all unlawfail violence and Tyranny, even of their Kings thsmfelves, orthct 
sii piusi i?»c Minifters, to whom neither the Lawes of God, Nature, Man> nor any civill Nation 
[avguineiiifoj cycr y eC gave the leaft authority to Murther, -Spoile, Opprcffe,enfiave their Subject? 
^txef&Zca or ^ c P rive tne[n °f lnc * r l»wfull Liberties or E(lates$ which refinance were it unlaw 
m frterjra?mfatt°* unjuft (as many ignorant Royallifts and Parafitcs. now., teach,) foincfewep 
imxnd. Set preffirig tyrannizing wilful! Princes, might without the leaft reiiftance, ruine, mur 
.he Appen- thcr, edhve the whole world of men ; overthrow all fctled formes of civill govern 
ment, extirpate ChriltianReligicn,and deftroy all humans Society at their pleasures 
ail which had beene effected, yea, all States and Kingdomes totally fubverted Ion 
agoe, by ambitious Tyrannizing lawlefre Princes, had not this Lawfull, Naturall,H< 
reditary power of refitting and oppofing tlaeir illegal} vioience(inhersnt in their Pai 
liaments, States, Kingdomes ) retrained and foppre fled thehr exorbitances of th 
kindc. Now that this neceffary Defenfivc oppofition and rifiitence 3gainft open Regs 
Hoftilc violence, which hath beene ever held lawful!, and frequently ptaclifed in? f 
"Kingdomes y ait ages heretofore, as juft and neceflary 5 fliouicl become fodenly m 
lawful! to cur Parliament and Kingdomc .onely, at this.iuftant, feemes very acre 
S»>abieuntorr& 



Jl'arrc, both in Point tf Larv^ andConfckr.cf. 



Fourthly, It is the cxprefle reloluticn of k Jrtftalf, ' Xtndfhon, « /«#£/**, k Pcflf.l.f.c/ 

Pope Elnthfr.iu, (in his EpiftUtoour fiift CbriAian King, LticttisJKir^JitTrard J*"- , .. 

licConfcflbrin his eftablifhedLawcs, Qtytfao r Ccurcdi or Jtaar, Aur.o fc2< . ™*^ 

nd 7/Wr cited by it ; l i M» &«&*, J jfta ^.fr/**;*, • and gcrct ally or ail fcr- ? 'y,<yU6 A 

aienc Divines and' Polititiani, Pagan or Chriftisn ; jca cf { JJrs:. ta y 9 .FV- :j I 

?*r, and * King/'JWJ himfclic ; that a King governing in a Idled Kipgjdom*C nciltT$mt * 




is Subjfllsywbombe pioxld Protift . and rule in peace \ to pillage, p f uwitr>r aftc yi nd ^ t 7y S^Mon] 
half his Kmuicme ; imprtfov* tKUtth lefthj Lis jeeple in an. bo ft He .manner, to P«A*P»*'4- 

sptivateibanto his p leaf ure , thevciy bfghtfl degree or Tyranny, condemned and J^/^Lj 
letcitcdby God, and all good men. The whole State and Kir.gdcme therefore in iuch jjj^. ' 
afesas thefe, for their crone juft ncccflary pre£rvation, may lawfully wi:h force a Ccmnw- 
i Ernies, when no other courfe can iccurcthcm, net cnely pcflively , but actively wedtbX *.ci 
cfilt their Prince, in fuch his violent, exorbitant, tyrannical! proceedings; without r 4 > *• 
efiRingany kingly, lawfull royall Authority VeftcdintlfK-.n^sptrfcnfr^e I tog- ^Jj*^? 
'onus pre/en at lenemlji net deftruclion; becanfein, and as to thefc lilegdl opprefli- i #1 . c# */c m ' 




rivatcnran,who( a* to the'e proceedings) hath quite denuded hirnfclfc of lis jnft ucum^A; 
legall authority. So that allthcfc wholfome Law es made by the U' hole State in Par- c . 9.10 1?. 
iament, for the necc&ry^prefervationand defence v£ their Kings Rcyall Pcrfcil, x Speech In 
nd lawfull Sow r.:ignc power ; thefnpprcfiionofaillniurrcclions, Treafans,Con- Payment 
piracies and open Warres againft them, whiles they governe their people y.tftly ac- T ^ iC; Ar,r '* 
ordixgto Law,(to ail good Princes arc * obliged to doe by oath and duty j) or the o- r Brah.ht\cl 
>en violent refilling of their Lawfull authority and Comrnancs ; to which all Sub. 9 jia a \.ilc\ 
'tils both in point of Law and-b fcnfciencc^ ought cheerfully and readily to Submit ; i7-Fc7uf % c. 
/ill yecld no publike Countenance, Encouragement, or Protection at all to Kings, in ^* to ■*• Ctc }f 
^cirirregall,tyr8nnkall oppieflipns, or violent ecurfes 5 cfpecially when they turne li^jJ^ 
"rofefled publike enemies to their people, prcclaimc open Warre againft them, invade c*fi Rom,i] 
: icirLawes, Liberties, Goods, Houfcs, Pcrlbns,andexercifeailaclsof Hoftilitiea- 4,5.1 Pet.i. 
ainft them, as fatrc forth as the mo ft barbar ous Forraigne Enemies would doc : It x 4. 
sing againft all common fence and reafoia to conceive, that our Parliament?, Lawes - Sc , eth , e ^ 
/hichilricUy inhibit and pun\(h the very /matte ft violations of the pnblikep? ace, with \ ^*' 2 . 
"1 kinds of Opprefpons, Robberies, Trefpatf' s, batteries, A^aHhs.Biodp^dsJraifs^ a Vhro 9.8 
MnrtherSy Rctits i Riots, Ir,furrtRions y Burglaries Rapes, P i under ings.T or ce* able 'En* ^eethcKiogt 



wmciofo 



k^ouldfj farre countenance, juftifie, or patronize them cnely in the King, the Su- 3 ,i 
i eame fountaineof Iuiiice (ad tuu'am leg's ccrpcn.rn cjr b cYimnr trill hs , $*$£*** 

'.*> and Sir <= £dyt>*rd fcoke refolve^ Cujus Tctefas Juris efi : & nott lrju>U ; & dt R( ?f &c * 
;irm fit author Inns, xox debet inde injurianm nafcvcccafo, unde Jura nafefntnr, as JsStoiiSrt 
<?>>• >.?*/, and g Flfta determine ;) as not to permit the Sufcjrftf.ui.dcrpainc tf1M*»^o l4 .^p.i6. 
J***- lChr *lh*ee.Mai'uat.deRe£& Re£ x foJl x U % c 9, d VeLcg.jrg c 9 iojj.13.14. c lih.?- *.f.C<Jlf«M.Gafe. 
» -w. l' c *9 : Ui<?7* I lib. |.c,i74. 






A 1 hUun 



The Lawfufoejfe of the Parliaments necejfary Defenfive 



hellion and high Treafn, byforceof Armes, upon exprefTc command and direction 
of the whole Kingdomc in Parliament, (o much as to defend their Perfons, Good?, 
Eftates, Houfes, Wives, Children, Liberties, Lives, Religion, againft the open vi- 
h Lib V olence ofrhe King himielfe, or his Malignant piundring, murtbering Papifts, Ca- 
1 it lautle- vcicers : When as Kingsof all others(as h BraUon} For efctte ,and * Lfrfariana prove 
gum jtngl. c. at forge,) both by Oath and Duty , ought to be more obfervant of, and obedient to 
9- f o i * « the Laws of God and their Realmcs (which are l no refpeUors of Perfo >) then the vc- 
k V'Rw& r y mcaneft of their Subjects. That Precept then of Paul, Rom. i g. i . 2. 3. Let eve- 
LuV'T*' r)S9»{ekfutje&tothebigberPoinrs,&c. Andthc Statute of 25. E 3,<\2.with c- 
1 Dmt.t 0.17 thcroblohtc Ads, which declare it High Treafon^to levy Wane agtinft the King tfj 
prov.i8.ii bis Retime, mult needs be intended o(, and qualiificd withthefelubfcquent juftli. 
Rotn.t.n. rnications, fuuble to their genuine fenfe and meitiing; to wit, That as long, and fc 
fpec! 11 I# * arrc f oartn > as Kln § s ^" u ^y an< * uprightly doe execute their juft Royall power, con- 
. tCtUl7 * ferred on them by God and their people, according to the Law of God, and then 
Rcalmes,to the Protection, encooragement and praife of alt their good Subjccls, anc 
the deferved punifliment oncly of Malefactors ; they muft and ought to be cheereful- 
ly obeyed, and quietly fubmitted to, as Gods ovvnc Minifters, without the leaft rcfi 
(lance, private or publike ; neither ought any private men upon any private in 
juries, of their owne authority to raife up in Armcs againft them, feeing they ar< 
publikc Magiftratcs in whom all the King dome have an intereft, without the general 
aflent and authority of the whole State and Kingdomc, or or both Houfes of Pari* 
ment which reprcfentsit. But if Kings degenerate into Tyrants, and turnc profeffa|j 
enemies to their Kingdomes, Parliaments, People, by making open Warre again! 
them; by fpdyling, murtbering, imprifoning, maiming, facking, deftroying, 
putting them out of their Protedions s without any juft or la wfuil grounds, endea 
vouringby force of Armesto fubvert their Lawes, Liberties, Religion, and expo! 
them as a prey to their mercileffc bbod-thirfty Souldiers ; or bring in Forraignc Foi 
ces to conquer thcm> (our prefent cafe ; ) I dare confidently averrc, it was never tr 
thought nor intention of Paul, or the Holy Ghoft, much iefle of our Nobles, Pre 
lats, and Commons in Parliament, which enacted the (e Lawes (who foofc tool 
up Armcs, afweii offenfive, as defenfive, againft our Kings, in fuch like cafes herctc 
fore J to inhibit Subjects, Kingdomes, Parliaments (cfpecially, by direct Voti 
and Ordinances of both Houfes) under paine of damnation, high Trcafori, or Rcbc 
lion, by defenfive Armcs to refill Kings themfelvcs, or any of their Cavallicrs : ar 
if this queftion had beenc put to Taut, Teter, or any of thofe Parliaments, whk 
enacted thefc objected Lawes ; whether they ever meant by thefc Precepts or St* 
tutes, totally to prohibit e all Subjecls 9 by general affent in Parliament % to take up /ml 
defenfive iArmes y or make any force able refiftance, againft their Kings or their tArmk 
in fuch cafes of extremity and neceffity as tfofe, unier the forefaid penalties ? I ma], 
little queftion, but they would haveciearely rciblvcd ; that it was never fo much 
* S D ^ w ^^ n * c c ° m P a ff* of their thoughts, much leffe their plaine intention, to prohibi, 
Bzirdi i^elf uc h ar ^ft ancc > * n l ^ s or fuch like cafes, but onely according to the precedent c, 
atec of Gods pofition of their words 5 and that they never imagined to cftabli/h in the world a 
lodgements, Vnrefiftable Lawleflfc Tyranny, or any fuch fpoile or butchery of Kingdomes, of St 1 
1 **« 1 3. to j :&8,cxecrablc to God and mao,in a'l perfons,all ages,which have * refilled them cv J .. \ 
41 ••" unto bloodjbut rather totallyto fuppreffs themjTherc being fcarce any more pregns* 



IVarrc^ both in Paint of Larv^ and Conscience. 



ext,againttthe Tyranny, the boundlcHc Prerogatives, the illcgall proceedings of 
ings,and Higher Powers in all the Scripture ,thcn that of %omans 13. 1. to 7. if 
ghtly kanncd, as Ptretts, and others 0.1 it manifefr. Therefore the Parliaments 
id peoples prefent defenfive War re, and refiftafWtc againft their fetiuccd King, and 
s Malignant Popifh Cavalliers, is no violation ot any Law of God ;'' of the 
:almc ; but a juft necetTary Warrc, which they have to the uttcrmoft endeavoured 
1 prevent : and no Treaton, no Rebellion at all within the meaning 0^ any Law, 
■ Mature, unlcfTc we fliould thinkc our Parliaments fo mad,as to declare it high Tr« a • 
n, or llebellion 3 even for the Parliament and Kingdom: it (clfc, fo much as to take 
) Armes for their owncneceflary prefervation, to prevent their inevitable mine, 
hen they are openly affauhed by RoyaJl armies ; which none can ever prefumc they 
'oulddoe, being the very high way to their owne> and the whole Kingdomes 
bvcrfion. 

Fiftly, admit the King mould bring in For raigne forces (Frexch, Sp4n : fl, Danes, 
\Htc'} y or Irifij ) todeftroy, or Conquer his Sub/eels, Parliament, Kingdome, (2s 
me iuch forces arcalrcady landed, and morecxpcJkd daylyjj and fhould /oin him- 
lfc perfonally with them in fuch a fervicc, I thinke there is no Divine, Lawyer, or 
ue hearted Englipynan i fo void of rcafbn, or common understanding, astoarfirmc 
Troafon, or Rebellion in point of Law,znd a matter of Damnation in Cox/cien:^ 
rrrue D jz//w>/, for the Parliaments, Sub j eels, Kingdome, to take up neceflary de- 
•nfivc armes tor their owneprcfervationuifuch a cafe, even againftthc King him- 
ife, and his army of Aliens ; but would rather decmc it a jufr, honourable, nccefia- 
t aSion ; yea, a duty, for every Engitfh manto venture his life, and all his fortunes, 
r the defence of his ownc dearcit Native : Countrey, Pofterity, Liberty, Religion; 
dnolcfTethen a glorious m Martyr dome, to dye manfully in the Field, in luch a . ^f&*2 
fiblickc quarrel 1 : the very Heathens generally rciclving ; that n DuLe cr deco- caufa'i, 
l m eft pro PWiamori : Etmertes pro Patria appetUd> y Non folum gloriofiz Rhcto- i.z.^£alvin. 
ff$,fedetUm bea\^.^\dtn folent : In a cafe of tbisquallitie. Whence that noble Uxicon. lurid 
bmanc ° Cam: flip, profefted to all the Romanes in a publike Oration ; P/ttrU d^ejfe Tit Bcllum. 
ioa i vita fuppetat, a/ijs turpe y fami/io et»*m N E FA S EST. And is not there the ", , C ^7l 
tefc fame equity , and reafon, when the King fhall raife an Army of Popifh fiog^LivRom. 
ii, or Infh Rebels , Malignants , Delinquents, and bring in Foreigners HiftJ j.frcfc 

oh yet in no great proportion) to crTcft the like defignc. ]f armed force- Ji'P* 1 ?* 
\«e refinance be no Treafon, no Rebellion in Law or Confciencc 5 inthenrft, it can 
faofuch crime in our prefent cafe. 

Sixtly, I would demand of any Lawyer, or Divine; What is the true genuine 
Vfonithatthe taking up of orFenfive armes again(r,or offering violence to the perfon, 
ftife of the King, is High Treafon, in point of Law and Divinitic ? Is it not oncly 
tynufi An id* he is , the head and chief e member f the Kingdome y rv'-ich hath a Commote. 

nhi'H • and becaufe/^f Kintfove it A Ife fttftaines apublihe prejudice and lotfe 
whs War againft^ end violence to his <j> rfon f Doubtlefle. every man muft acknow- 

is, to be the onely reafon ; for if he were not fuch a publike perfon, the 
; Waragainffc,or murthering of him,could be no High Treafon at all. And this 
!*he rcalon, why the eifewhere cited Statutes of our Realme, together with out' 



Djto'riana, make levying of Warre, depofing, or killing the King by private pe 
Wi-^gh Treafon ; not o*clj 'agmnft the Km? J at lit \E ALME, and Kin± 



d>-«> 



8 TheLawfulmffeoftheParliamemsneceffaryDefenfive 

domi to; Witneff: the Statutes of j.#. a.c,6. i t.R. 2. c. I. 3. 6. 17.^,2,0. 8j 
2i,£. 2. c, 2.4,20. $.H.$.ParL 2.c, 5. 28.//. S.c. 7. i.Mar.c.6. i$.EU<\ 
c t . 3. /^*. 1. 2/ 3. 4. and the Aft of Pacification this prefent Parliament, f dcclaJ 
ring thofe perfons of England and Scotland TRAITORS TO E IT HE A 
REALME, whoflaail take up Acmes againft either Realme , without comJ 
mon confen! of Parliament) which Enaft, The levying of tVanc againft ths King! 
domsand Parliament, invading of England or Ireland, treachery tgainft the Partial 
went, repealing of cert a**c ssitts of "Parliament , ill Conn felling ths Ki»g,coyningfalJa 
M-oney, and offering violence to ths Kings perfon,totaks a^ayhis Life,tobehigb Trcai 
fin, not onely againft the Kivg andhis Crowne, but THE REALMS TOy 
and thofe who are guilty of luch crimes, to bee High Traitors [and En:mie$ T0J 
ttpalfingh* THE %EALMS^as -wsllat to the King. HenceM* 0/ gaunt ,Dakeof Lane after, 
Hift.Avg.?. being accufed in a Parliament held in 7.^ 2. by a C^rm?lits Frier, of High Trea* 
ZMSIS* f on$ forpratiifiig fodmely to furprife ths KING, and feize upon his Kingdom? ; 
the Duke denied it, as a thing incredible upon this very ground ; /// Should thus 
IWdfentUfi ffridhe) affeElth? Kinglom?: fs it credible after your murder ( which G 3a forbid) 
4 n {$<H7* that ths Lords of this Kingdom?, could patiently e^d^re me, T^omni m€i ET PA- 
TRIjG PRODITOREM, being a Traitor bnh of my LORD aid COVN-. 
TRET! Hence m the fame Parliament of 7.^2* John fValJb Efquirc Captains) 
eff Cherburg in France, was accufed by one of Navarre, *D E P XO D I TlO*\ 
N E ' RE g IS "& REG NI, Of Treafon againft the King and Kingdom;.^ 
WdftvtgMtt* for delivering up that Cattle to the Enemies ; And in the < Parliament of ^.R.t. Siif 
'Aw-vmu ^o r m Awefiey Knight, accufed Th mas t Ketrmgton Efqiire, of Treafon againfj 
z * 6t the Kixig and Realme,for betraying andjftlling tiae GafUe of Saint SavJuut within th 

r ;/i h-fi *^ ofCaiiftantirreiti France, to the French,fox a great ftimme. of moneys When as h 
Jh 9*71 6 neitner wanted Vi&uals, nor meancs to defend it : both .which Accufacions fbein 
9 if 9 l.ip'i, °f Treafons beyond ths Sea) were determined by Battle, ajid Duels fougk tovdeefc 
106. ' them. Hence the groat Favourite, Pierce Gavefton,Tanqmr^Lf^^yfubvsrforyfIf^ 
Terrae Publicus, & Publicus Rcgni Proditor, capite trjimtw eft : ,md the tw 
Spsnfirsafor him, were in Edward the fecond his Raigne iikewife banifhed, cot 
demned, and executed*, as Traitors to the King ani Realm?, E T R E-<3 N I P_R C 
D I T O R. E S ,for mfcounjelling and/edxeinr ths King, and moving him to make y/af 
i RtLh Chroi u ? 04 - P ;o ft e : Hence both the c Pierces , and the Archbtjhop of Torke, in th 
1 & 1 H.4 1 ^ Articles againd King Henry the fourth, accufed him, as guilty ot High Treafon, a 
17,11. Fox a Traitor both to the King y Realme and Kingdom? of England, tor Dspofing and^mt| 
jiHs & Mon. thering ito&Wthefecond. And hence the Gunpouder Confpirators, were* declir 
V l L c'l6 6 ^jttdge i y and executed as Traitors both to ths KIN C r & RE A L ME, for , 
^77.°* 7 ' te-nftitg t0 blow up the TarJiamfnt Houfe, when the King, Nobles . and Comm 
u I r^c.c.Tjt were therein affembled : If then the King (hall become an open enemie to his Kil 
3,4. The! dome, and Subjeds,to wade or ruine them ; or (hall feeke to betray them to a Fl 
Km;s Pro- raigns Enemy f which hath bscne held no lcffe then Treafon in a King to doe, u 
rarlb^A- b y tnc ex P rcff5 ^eiolution of 28. H.S.cap.j. may become a Traitor to the REALM 
giinft tkem, A^d thereupon forfeit his very right avdtitl? to the C'otvie ;) it Can be no Treafon r 
and the ^r- Rebellion in Ltw or Theo'ogie, hr the Parliament, Kingdome, Subje&s, to take- 
lair.nement armes againft the King and his Forces,tu fuch acafe,whenbc fhal wilfully and maj . 
of rrauors. ou ^ rQtlt himfelfc from, and fet himfelfc in dtreil oppofition againft his Kingdbi" 



JYarre, hath in Point of Lan\ and Confciencc. 



ndby his ownc voluntary a&ions turnc their common intereft in him ror their gocd / 

nd protection, into a publickc engagement againlt him, as a common Enemy, u ho 

rekes their gcacrall ruinc. And it Kings may lawfully take up armes againlt their 

lbjcte>as all Royallitts plcad,aftcr they rojcA their lawfull power, and become open 

L cbcls or Traitors, becaufc then as to this,they cealc to be Subjects any longer, andfo 

xfeit the benefit iA their Royal prorcftion: By thclclf-iamcreafonfthc brndand lU- 

uUtion being mutual! ; Kings being thir SubjiUs x LUgo Lor<?s> by Cath and "Ofer.** 

)uty, zs well a* they t'eirLxge people t ) When Kings turnc open proftfled Toes toP of <> c ^ 1 ' : 

icir Sub/eels in an H.-ftilc Warrchkc way, they prciently both in Law and Con- fa J e *- 

;icncc,ccaieto be their Kings de jure, as to this particular, and their Sub/cdh allca. 

iance thereby is as to this difcr argcd,and lulpended towards them,as appearcs by the 

;ings Coronation Oath, and the * Lords and Trefdtj con U. ion M Fealiy to King * M Ath.VirU 

Uve* % fo that they may juftlyin law and Confciencc refiit their unlawfull zU pg. 7 $.s$.ced 

iu.ts,a's enemies ; for which they mult oncly cenfure their ownc rafh unjuft procec- p 4 8 3 * 8 4. 

ings, and breach of r aith to their People, not their Peoples juft dcfcnfivc oppoficioil 

faith themfelves alone occafioced* 

Seventhly, It mult of nccdiity be granted ; thar for any King role vie warre a- 
atnft his Subjects, unletfe upanvcry guod grounds cf Law and confcicnce,and in cafe 
f abfolutc necedity, when there is no other remedy left, is dircdly contrary to 
is very Oath and duty, witnes the Law of King Edward the C on f'§° '<>&?• »7- 
nd Coronation Oathes of all our Kings forementioned ; To k*<pe PEACE an iged- 
y agreement 1NT1RELT, ACCORDING TO THEIR tOfVtR to their peo- 
U i Contrary to all the fundamental! Lawcsof theKealme,andthe Prologucsof 
no(l Statutes , imirely to prelcrve, and earneflly to htdtavonr tie peace and rvtlfare 
fthrir peoples pr/onr, goods > eftatcs, lawes, liberties ; Contrary to the maintcner 
•f all y Sacred Scriptures, which have relation unto Kings; but more efpccially to 7 |Tim.a 1 
he 1 Kings l a. 21. 23. 24. and 2 Chton. 11. 1, 2. Where when King Rchoboam i,*.Icr.*9 7 
\ad gathered avery are at army to fight againft the ten Tribes, (uhi"h revolted from Pfal.i*x.*-7i 
^m for Joliowinglid young Coun/eUors advice, and denying their juft requeft^ndaow- 8 IU.*9 8.& 
led leroboim for their King) intending to reduce them tohis obedience b) force of armes ; 9 % 
jod by his Prophet Shemaiab <x\reftely prohibited him and his army, to goe up, or fight 
sgainft them; and made them ail to retnme to their ore ne houfes without fighting- and 
/fay 14. 4. 19. to 22. where God threatens, to caftthe King of B abi ion out of his 
\raze\ as an afhominabte branch, as a carcase trodden under foot, { marke the reafbn ) 
Becaule thou haft dcllroycd thy Land, and flainc thy People, tocuc crY from Ba- 
bylon his name and remembrance, and SonnesandNephewcs : as he had cuteffhis 
peoples, though heathens. Yea, contrary to that memorable Speech of tl -at noble * L ^ y Rom ^ 
Roman * Valerius (formu* when he was chofen Dictator, and went to fight again!! HtfXi s Da. 
:hc Roman confpirators, whotoke up armes againft their Country. Fttgeris etiam 4©,r. 18?. 
eneliins, tergumque civi dedtris, quzmpugnavcr is contra patr'iam\nunc adpa-ifican- frifl.Pout. 
ium bene at<]*' honefle inter prtmos ft ^ bis ipoftu/ate tquact frte \ quanjugm tefini- J"? * iT ™ 
\*v ftandiin eftpoii-is % quam impias inter nos conferamusmaniu^firc. If then a Kings ^.5. 
offentivc warre upon his Subjeds, without very juft grounds and (inevitable oc- * ^rifl.Polit. 
cafions be thus utterly finfal'.and unlawfull in law and Confciencc ; and molldia- 1 h& % 
metrally contrary to the Oath, Orlicc, tru'tand duty ofaKing,(who by this (trange Buc '*"-de 
m:tamorphofis( ^becomes a Wolfe in(l C acl of aShephcard,a dcnroyerinliewofa^^;^ 

B Jrctdlor * 



10 t The Larvfulne(J'e of the Parliaments necejfary Defenfivc 

Trotcchr ; a publike Enemy in place or a Common friend 9 aa innaturall Tyrant , 
inftcai of a n at ur all King) it followcs inevitably ; that the Subjc&s or King- 
domes refinance and defenfivc warre in fuch a cafe, both by the law of God,of na- 
ture, of the lUalmc,muftbc lawhjU,and juft; becaufc direclly opposite to,the only 
prcfervative againft that warre, which is unlawfull and unjuft: and fo no Treafon, 
nor Rebellion ( by any Law of God or man,) which arc lilegall and criminal] too. 
Eightly,It is the received refolution of all bCanonifts, Schoolemen, and Civill 
*>Grimn. Lawyers ; That a defensive warre undertaken end] for neceffary defence, doth Kot pro* 
C z )l \acob, f&ly'deft'V* the nam; of warre, but onelj of Defence : That it is no I: vying of wane 
sptitlfMtic- *t all* ( which implies an aftiveoffinlivc, not pafiive defenfivc rai(ing of forces, 
xiconiuru jit and fo no Treafon nor offence within the ftatuteof 2 5* ij.g.c. 2, as the Parliament, 
Bellum. F. ^thconcly proper Iudgeof Trcafons, hath already refoived in pointofLaw^^^y^Jl 
iqlitiietjun CH [ t y on ^y f. defence Cuilibet Omni lure, ipfoque Rationis Duftu Permifla 
amu Calvini& c ' permitted to every one By all Law, (or right) and by the 'very conduct o u 
Lexicon luriureafo n , fince to propulfe -violence andinmry y u permitted by the very Law rf Nations*- 
Tit. Bellum so* Hence of all the feven forts of warrc which they make, they define thelaft to bc,A juft ; 
244-«*4$« and NeceiTary War quod fit fe etfua defendendo , and that thofcwbia.eiifucharpar 
Summa*4r>iC' ^ CUer \ s paribus ) are jafe ( Caufa 23. qua. ') and if they be flame for defence of the • 1 
fell t^ A en [a C 0f9imm ' wea ^y their memory {fall live in fcrpetuatt glory. And hence they givC;| 
Sum, Fart, s* this Definition of a juft Warrc. c Warre is a Lawfuil Defence tgainfl animmUehtor 
411,36. mem* proceeding offence upon a pxbUkf or private cavfejoncludtng: That ifDzfencc be fevertd 
$.&qu*ft* f rom w*rrg % it is a Sedition, »w fKtfr* ; Although the Emperour.himlelfc dc- 
iSr^irlJA nounce it • Tea, although the whole World combined together, Proclaimed: 
deBdlo SttriusF° r **' Emperour*or King 9 can no mere, lawfully r-urt another in Warre*t*en he catib 
ConcilTorn* tak s away his goods or life vithiut ceufe.. Therefore let Commentates b+awle etcr* 
3, p. 5 10. natty about Warre* yet they fballmver juftife nor prove it lawfrllyNiCi ex Defenfio- 
* Cil %' Le / l u nc ^cgi^ 013 ; but when it proceeds from Lawfuil defence, all Warres be\rg raffj and 
'exfotomno***^ ?*ag"'*ft thofe who juft ly defend themfelves. This Warrc then being underta- 
and pthec ' ken by the Parliament, onely for their owne, and the.Kitigdomes neceffary defence, 
forcited, againft the Kings invaiive Armies and Cavallicrs (efpecially, no w after the Kings re- 
jection of all Honourable and. (ate termes of Peace and accommodation tendered | 
to him by the Parliament:/ muft needsbe jjft and lawfuil; and lono Treafon, 
nor Rebellion, in point of Law or Confcience ; Since no Law of God, nor of tha 
Rcalme, hath given the King any Authority or CommifliOn at.aU to make this un- 
naturall Warre upon his Parliament , his people, to enftave their Soulcs and 
Bodies, or any inhibition to them>not to defend themfelves in fuch a cafe. 

Thefe generall Confederations thus prcmifed, wherein Law and Confcience walke 
hand in hand • Ifliallin thp next place lay downc fuch particular grounds for the 
justification of- this Warre, which are meerely Lcgall ; extraclsd out of the bow* 
els. of our kno wne Lawes * which no profefforsof them can contradicl. 

Firft, It is unqueftionable, that by the Common and Statute Law of the Land," 
the King bimfelfeiwhocannbt lawfully proclaime Warre againft a Forraigne E- 
nciiiy, much leffe againft his people, without his Parliaments previous affent, as I 
have clfe where proved ; cannot by his alfolute.Soveraigne Prerogative* either bfver. 
lal I C°™™anis> or C ommiffi on s under the great Se ale of EngUnd* derive any law f nit 
frfj^^jt^rM^ *y. Gemall 9 Capt£inr 9 Caval/icr^or'ferfonwh^ 



Warre^ both in Point of Laiv^ and t onfctcnce, 1 1 



LeguliTrialland^onviUtO'i, io Jeiz? the Goods or Chattels *<f any hts Subjetls, much 
lejfe.jorceciblj to T{cb, Spoilt, Vlunder^Wound^Beat^Kill, Imprifon >or ma l e open W*r 
upon tbem t vpUhoxt a m?(l jttft ..niiniit.iblc occafion, aid that after open kojtilit dtnoun- 
tedtgai fi.lcctn. And it any by vcrtucof fuch illegal Commifiions or MandatSjAiTault, 
Plunder ,Spoilc,llob,Beat,\Vound, Slay, Imprifon, the Goods, < battels, Hcufcs, Ptr- 
ions or any Sub fed not lawtully convicted ; They maj, and uglt to be pr oc 'ee -led again fl n 
reffie-i^apprehendedytndilled cond-.mnedfor it notwithjt adding fuch Commiffions, a* Tre- 
Jjajfcrs, T beeves y Bnrgl-trcrs , fclovs, Marierers , both bj Statute , an t Ctmmon 
Law ; As is clcarcly enacted andrefolvcd, by Magna fh-trta, cap. 20. 15. L. 3, 
Stat. 1 . cap, 1 . a. 3. 42 . E. 3 . cap» 1.3. 2 8. E. 1 . Artie, Juper Chartas, cap. 2 . 4 £. 
3.C.4 5«£\ 3. cap. 2- 24.-E.3t cap. t. 2 R, 2. cap. 7. 5. 22. 2. ca 5. I.H; 5. 
cap.6. 1 1. 22. s.'cap.i.f* 5. 14 H. 8. cap. 5. 21. Jacob. c. 3. Againtt Monopolies. 
The Petition >f Right. ^.Caroli 2.£.3.c,8. 14. E. 3. ca. 14. I 8. E. 3. *SV*f. 3. 
20. i;. 3. cap. 1. 2.3. 1. 3^2. cap. 2. And generally all Satutcs againtt Purveyors 
42. y^jf, P/. 5.12. Brooke Commijft oh t, 15. 1(5. Forlefcue,c ip. 8. p. 10. 1 3.14* 
26. i«£. 3.2. 2.// 4 4.*4. Br.EauxJtrfrifonmenti 30.28. 22. £.4 45. aTr. 
16. H. 6. Munftransdc Faits 182. Stamford fib. 1. fol. I 3. a. 37. a, The Confe- 
rence ac the Cominitties of both Houfcs, 3 . Jprilis, 4 . Caroli, concerning the 
Right and Privilcdgeof the Subject : newly Printed. C°°ks hb. 5.10I.50. 51. lib. 7. 
fol 36. 37. lib. 8. fol. 1 2 j. to 129. IudgeO*0£/andHwrf»/ Arguments, againft 
Shpmoney, with divers other Law-Bookes. Therefore the Cavallicrs can no waics 
jultiric,nor cxcule their Wounding, Murthcring, Imprifoning, A {faulting , Rob- 
bing , Pillaging , and fpoiling of his Ma/cftics people and Subjects , and making 
Warn: upon them, by vertueof any Warrant or Commifllon from the King; btit 
may j iftly and legally be apprehended, refitted, and proceeded againtt, as Murthc- 
rers, Rebels, Robbers, Felons, notwithstanding any pretended Royall Autho- 
rity to countenance their execrable unnaturall proceedings. 

Secondly, It is irrefragable, that the Subjects in defence of their own Perfons, 
Houfcs, Goods, Wives, Families, againtt fuch a> violently aflault them by open force 
of Arms*, to wound, fhy, beaic, imprifon, robbc, or plunder them frnough by 
the Kings own illcgall Commifllon J may not onely lawfully armc thcmfclveSjand 
fortiric their houfes (their CaiUes in IudgcmentoF Law J againtt them ; but re- 
fill, apprehend, diiarme, beat, wound, repulfe, kill them in their jutt necvffary de- 
fence ; not onely without guilt of Treafon, or Rebellion, but of Trcflpas, or the 
very lcaft cfrmce ; And Servants in fuch Cafes may lawfully juftifie, not onely the 
beating, but killing of fuch perfons, who aflault their Matters perfons, goods, or 
houfcs ; asiscxprtfly rcfolvcd by theStatute of 11. E. \. De malefattcribtu in Tar* 
ex ; By 24. H. 8. cap. 5. Fit^erbert t Corone y igi . 194.246. 25 .261.330. 2r, 
H.J 39. Trt/pas^tf. Stamfird, lib. i. cap. s-6.7* lt.^Jf. 46. tf- H.6.i6. 
a. 14^.624.^ 3e.H.6.5i.^9.E.4-48.^. la. £.4.6*. 12.//.8.2.*. 
Brooke. Coron 6$. & Tr'ftas 217. Therefore they may jultly defend themielves, 
refitt, oppofe, apprehend , and kill his Majefties Cavallicrs , notwithstanding a- 
nyCommiiTions, and make a defensive Warre againtt them ; whenas they aflault 
their perfons, houfes, goods, or habitations, without any Treafon, Rebellion, or 
Crime all againtt the Ktng or Law. 

Thirdly,!: is pajft difpucc, \ That the Shcriffcs Iuttices of Pcace,Mayors,Confiable3 

B 2 and 



12 



7 he Lavofulntffe of the Parliaments neceffary Defenfivt 



' and all other Officers of the Realme, may and ought by our Lawes and Statutes id I 
*raife the power of the Counties and places wheie they live, and command allk 
' perfonstoarmc thcmfelvcs to affift them upon their Command, when they fcalt 

* j jft caufe ( which commands they arc all bound to obey under painc of imprifonment It 

* and fines, for their contemptuous difobediene herein .-Jto fupprefie and withttand ail, It: 
*publicke breaches of the L ; eace, Riots, Routs, Robberies, Fraies, Tumults, Forci-li 
«ble Entries, and to apprehend, difarme, imprifon, and bring to condignc punifli-1 
«mcntali Peace-breakers, Riotors , Tr.efpafrcrs, Robbers, Plunderers, Quarrelers, J 
« Murihcrers, and Forces met t^geeher, to doe any unlawfull Hoflile acl, (though by Jo 
*the Kings ownc precept:) and in cafe they make refiftance of their powers 

* they may lawfully kill and flay them without crime orguilf, if they cannot other- 1 

* wife fuppreffeor apprehend them : yea, the$heriffcs,andsall other Officers may 

* la w fully raife and arme the power of the County to apprehend Delinquents, by 

'law full Warrants from the Parliament, or Proceflc out of other infenour Coot tj 

*of Iufticc, when they cpntemptuoufly (tand out againft their IuRke, and will not 

'render thcmfelvcs to a Legal! triall; in which ferviceali arc bound by Law to afllft 

'thefe Officcrs,wbo.may lawfully flay fuch contemptuous CfTenderSjin cafe they can- 

1 not otherwife apprehend them* All which is Enadcd and Refolved by 19. E. 3, 

cap. 38, 3. Erf.. 1. cap. 5» a. JS.a.ccap.6; $.fl.2.cap,5 6". 7. /J. a.- cap. 6. 17, 

iu 2. cap. 8. 13. H. 4 cap, 7, i,tf.5.cap.6\ 2. H. 5. cap. 6. 8. 19.R7.cap. 13. 

3 # E.d cap. 5. I ..cJ^r. cap. 12. 31. H. 6. cap. 2. ip# E. 2. Fttz Execution. 

347. 8, H. 4. 19.4 22. -^jf. 5?. 3-#. 7-fol. irio, 5.R.7»fol 4 Regifter, f. 

5*/ 60. 61.Fi z.Coron. 261. 188-289, 328 . 346. Stamford lib, 1. cap. 5. 6. 

C'ooke lib. 5. fol. $2 9.3. withiundry other Bookcs, and Ads cf Parliament , and 

JValfingham^Hijf. AnglU.p*%.%%i,. 284 Yea, the Statute of 13. Erf, 1. cap. 38, 

recites; That fuch r< ft fiance ofTracejfc out of any theKi*gs Courts- ( much more 

then out of the Highcft Court of Parliament) redounds much to the dishonour of the King 

**d his Crowne ; and that fuch re fifterj fball b? i&prfon d and fined, becaufe they art 

dtfturbers of the Kings Peace, and of hu Rea f me. And the expired Statute of 3 1 . H. 

6. cap. 2* Enacled •. That, if a v y Duke y M^r^ueffe^Earle, Vifcount^or r ?aro», com* 

gained of for any g cat Riots, Extortions ,Oppreffi3 s, or any offence b) thm done «- 

gain}} the Peace and Lawes> to any of the Kings Liege p*opte , Jhmld refufe. to obey 

the c Pro:effcof h' Kings Court , under his.Gr.cat or p'ivu .Se le % to him ^trecled t tt 

mfvper hx faii off ^enes 5 eihe'bj refufing to receive the f id Proeeffe, cr ^'ff'ing it : 

or\w ft hdr eyeing h mfetfe f r tha* . canfe, and not appearing after Trocl amotion mad? bj 

ihe.thtrijfe in t e County , at the ^y prefcrihd by tht 'Proclamation ; that t enhet 

pjiytd for this his con' empty. forfeit and lofe aH hi* Offices, Fees* Annuities* and othei 

]offtf[ior.s th#t he , or any n anjo his -tfe v h tth of the gift or gra*t o c the Kn^orany 

$f h% Progenitors t mide to him or A'j of, his. Ancef-o^s : And in cafe he ^ppea^es nh\ 

npoH the fcco;>d Procl^ma-he enthf aay then in t) him braked • that then he fb* 11 oft 

* Y d forfeit. hx EUate and place in Parliament, and alfo All the Lands and Tenements 

Vrh ch he hath y or a r J other to his. ttfe for tcrme of his life*, and all eth-er: erfons- h^vin^ 

no Lands not afeariig after Prc'lamition, were to b .put o<t of th: Kings Protittion 

by this ^^. %Such a bem©us cff:ncc was it then rcpued, te diiobcy the Prcceffe dl 

Chancery, and other inferiour Courts of Iufticc even in the greatdi pecres ; bovg 

jQuch greater criipe then i^andmiiftitte 3 contc^ptuoafi-y to*cUfobeyxhe Summons 

Fro 



War re, both in Point of Law, andConfcie?:ce. 1 3 



rocctfc, and O facers ofthc Parliament ic Iclfc, th; (upremelt Court of Judicature, 
'pscially in thole who arc Members of it> and (land engaged by their Protections, 
s, and Places in it, to maintiine its honour, power, and privilcdgcs to ih: utfer- 
noll? which many of rhem now exceedingly vilifie, and trample under fecte : and 
herclorc defer vc a levercr cenfure then thh ftatutc infkcls; even fi'ch as the Ad of n ♦ 
I. a, c. 6. prefenbed to thofe Nobles un,u(tly Tore judged in that Parliament; Th it 
he r iffufsm-t/esnoTp bego'te* fiati not come to the Pari am:nts y nor to the Councells of 
ie Kt>'^norhu htrefyVer beifthe K**£J Cot.nftKn.r oj h s hei?*f; Therefore it isun- 
iubitablc, tliat the Shcrifcs, luliiccs of Peace, Majors, Conftables, Lcivtcnantcs, Cap- 
aines,and other Orhccrs in every County through the Rcalme, may by their owoe 
\uthority ("much more by an Ordinance and Ad of aflbciation of both houfe.^ raile 
ill the power ofthc County ,& all the people by vcrtue ol fuch commands may lawfui- 
y mcctc together in Armes to fiippreHe the riots,t urglaricf,rapines, plunders, Lure he - 
ics, fpQyling,robberi:s,and armed violence of his Majeftics Cavalccr^and apprehend, 
mprifon,fUy,arraignc, execute them as common enemies to the kingdomes peace and 
welfare, even by the knownc Common Law, and Statutes of the Rcalme, and feifc 
Jelinqjents notwithstanding any royall Comminion or perfonalcommar d> they may 
m* can produce. 

Fourthly ,it is mo/1 ccrtaine,tr at every Sub/ed by the very £W mon law of the r x\ft!m\ 
[yea Liw of Niturc) as he is a member ofthc State and Church of EngL nd y is bound d See ^rma- 
W i m duty md conscience , when there is necijfay o:cafiov, to Array * nd Arme kimfelfe P*Hy 48.H ?. 
refsl t l e mzafio /, and tffan's of en cncv.tes of the R'atne, (fo'cxalj oj To r;i^ ners t iiot - Vat Mcm 
h is clear- by infinite * Tre/idexts >c [tcd by the Kings owne Counccll, and recited by ©^/ /WM * 
h'dgeCrottj in his Argument concerning Ship, morey; in both the Houfes trvoRe- 
nonttr vices And Decisions Again ft the Commifpon of Araj\ and th: Anlwer of the 
irlt of them in the Kings name; all newly Printed (to which I (lull refcrre the Rca- 
Icr for fuller Satisfaction:) and by the exprcfle ftatutes of 1 E t 3.C. 5. 25. E, ^c. 8. 'See Arilkf. 
md 4.^ ft. 4,0. [ ?r Tnc reafon is from the Orjgina 1 ! compad and muruall ft ipula-*^ 1 /"*•>* 1 
ionofcvcr> member of any Rcpublicke, S rate or 'Society of men for mutua ldcfer.ee f^Z*J Pc ~ 
>nc of another upon all cccafiors of invalid, made at their firft affociation and in- p„ffa r- 
orporationirtoaRepublike,Oate, kingdomc, Nation, of which we have a preg n.to/5. ■' 
KM example, /« h % 20. t. to 4$. If thenthe King hi mfelfc {hall introduce forraignc 
: orcci and enemies into his Reilmetolevic vvaragainftir,ot (hail hiinfrlf become an 
^cncnemietoir^heSuhirdsareocleiged^ythefelf-famcreafonjlaWjCquity^fpeci^ 
My upon the Parliaments command,™ Arm themielves to defend their Native Coun- - 
ry,Kingdome3giinftthefcforraignc and doaiefttckc Forces, and the King himfcl'c 
Hie joyne with them; as farre forth as they arc bound to doe it upon the Ktfcoi own 
ViitaniCommifiion,incafche j.»yncdwiihthe Parliament and Kingdomc °againft 
hem; the neccfTiry defence and prelervationcf the Kingdoms and them elves, (and. 
>t the King onclyfj farre forth a. he frewes himfdfca King and Patron, not an enc- 
nieofhi.KtrgJomejand Snbjeds,) being the lolc ground of their engagement in 
Kb detendve vvarrcs : according to this notable refolutic n ef Octroi OmniH'n Sote- . _ 

Vimvu arfty.ti r> ni U carlo- ejuimfd^a c> m Re ulltca ef Mncf^-j e nostrum |VWoS 
~ 7 fT ?* yf f f > C1 iih<ri trcfi*t«iy fami/tares, SEP OMNES O UKlVM ' 
**RITATES P^TRIA VNA COMPLEX A EST, :ro qm r u bomu <». 
'Itn^tm^tcr^ftvftpojMturHtrQoeft foeftaMer tttorum mmttska*. 

B 3 ejei 



14, The Lawfdneffc of the Parliaments necefary Defer? five 

qui Ucerant cmnifcelcre P atrium, o^ma jun Htus defend* occufm & funt &fuerunt 
s Etod. 1 1.9, and feeing kings themfdves as well as Subjects arc Dound to s hazard their lives tbi < 
to 15. s 1 * the prefervation of their Kingdomes, and peoples iafctie; and not to endanger th< 
Num.i4.ii. r „j nco f theKlngdomc and people to prefer vc their owne lives and prerogativ 
sVi^iChr a$I have eife where manifefted; ic cannot be denyed, but that every Subject, who! 
zi.iyjoha 'the King is un/udiy divided againft his Kingdome, Parliament, and People, is moll 
lo.i i 4 i y.c. oblcigcd to joyne with the kingdome, Parliament, and his Native dcarcit. Countreyl 
11.^8.40,50,^ w ho are moft considerable,) againlt the King jthan with the king againftthen ;and ral 
ther in fitch a cafe than any other, becauf: there is leiTe neede of hclpe, and no fuel} 
clanger of mine to the whole Realme and Nation, when the King /oynes with thenit 
again'l forraignc invading enemies; as there is when the king himfelfe becomes ail 
„#«»* de open intcftinc Foe unto them, againfl hisOathand Duty: and the » Pecpcs fafek 
Lgitefc, bdng the Supreme fi La w, & the Houfcs of Parliament the mod Sovcraigne Auction til 
they ought in fuch unhappie cafes of exrremitie and divifion to ovcrfway all Sub/efts 
to contribute their bed affiftancc for their ncceflary juft defence, even agamft the kirn 
himfelf and ail his Partifans,who take up Hoftile Armcs againfl: them, and not to affi 
them to mine their owne Country, KingdomcjNacion,as many as now over- ralhly do 
Fifthly, I conceive it cicare Law, that if the King himfelfe, or his Courtiers witi 
him, (hail wrongfully aflauit any of his Subje&s to wound, rob, or murther ther. 
without jaft caule, that the fubjefts, without any guilt of Treafon or Rebellion, ma 
not oncly in their owne defenfe refifl: the King and his Courtiers affaults in fuch a caft 
* Resolution of and hold their hands fas } Doctor Fe r H s himfelfe accords) butlike wife clofe with, an 
covfeience. difarmcthem; and if the King or his Courtiers receive any blowcs, wounds, infuc 
fc s^' I' 1 a ca k* or ^ C ca ^ a3 ^> T ^ amc » ' lt is neither Treafon nor Murder, in the Defendants, wh 
Urds Fleas \ had no Treafonabie nor murthcrous intention at all in them, but oncly endeavoure 
/. 1 4.i$« l <*» tnslr own j aft defence,attempting nothing ac all againfl the kings lawful Royallauthc 
] See ^Andrew rityjas is cleareby ailLaw k Cafes,of manslaughter,/^/*? ^«^j,andto put this outc 
Fav'me his qajgftjpa, 1 fl l3 !l cite but two or three cafes of like Nature.lt bath beene very 1 frequd 
iheatreot vit&Jbs Kings of EugU^d 9 FraK^e\ando:her Prices, fix tnall of their man hood 
c.^.647 mils ''' umeAt Iv*ft**A'«d fight at Barrier s, not ondy mtb frraigws> but with their on» 
Chron.H.i.fi vxl'ianteft L rds and Knight, of which there tre various Examples. In thefe Martia 
6.7.9,1 1. ix. diiportSybjtheverj Law of isfrmcs s thcfe Subjects have not onely defended their 




H.8./. 1 22. his reigne : and no longer iincc then the yeare I 5 5 9. Henry the 2^, King of Franc 
it?. was casually flaine in a loud by the Earie of Mount gemmcryJcAs Subject, (whom h< 

■(»)^x-Aas comman j c 5 to j u (i onc bout mors with him againft his will J whofe Speare in tf 

men^ w" countcr * ^° w ran f° r '§ nt lnto onc °* tnc K i n g s e y es * tnat tne towers of it peirccd ini 
■Erflr uU.p' ? 'his head, pcrimed his brains and flew him •. yet this was Iudged no Treafon, Fellon 
969.970. je- nor offence at all in th: Earie, who had no ill intention, Ifthen it hath evetbeen-ri 
an Crefpbu putedUwfull and honourable, for Subkcls in fuch militarie exercifes, upon the cha 
Leflate deLef.[ ca ^ Cs of their kings,to defend themlelves coucagioufly againft their affaults,and thus 1 
tftpto*. fight with and encounter them in a martiail manner, though there were no neccflii 
Th2 9 g^nerallf°^ t hemtoanfwer fuch a challenge; and thccafuall wounding or flaying of the Kir 
Hiirory of by a Subiecl in fuch a cak be neither Treafon nor Fellony : then much more muft it 1 

France in his [ay 



Warrc y both in Psim of Law, and Confciwc. 1 5 




full by the Law of Arines, Nature, and the kingdome, for the Parliament and iub- 

s inanccc(Tary,ju r r,uBavoydablc\varrc, to defend, refill, rcpullctl c kings and 

Cavalccrs periorall aflaults, and rcturne them blow fur blow, (Lot for /hot, ir they 

\ wilfully invade them; and if the king or any of his lorccs mikarry in tbib aclioii, 

ymult (like King ° Hcr.yihz 8* when endangered by tilting) blame, thcnfelvn 

\e, and have no other juftlegall remedie but p»titnte, it being neither Trcafon, . n , iClrct r 

bcllion, nor Murthcr in the defenfive party, and moil defperate fully and frcr.zie ... , - ( ^ iN g 

my Prince, to engage himfelfe in fuchadangcr,whenkcnccdenor dne it. I readc 

} Claries the firft of France - y that he fell fodaincly d'firall ed upon a mejfsge l.c r<c ;- 

I from an old poore man, as he iuis m.\rd:i>g in the bead of bis Arn%)\ and t'irerpnn 

nk}nghim i 

re nare 

f awaj/fi 

nkc no man in his righTwits, will deeme tl i> their attion Tt cafonablc or unlavvf ull; UroVpart 

ther did the king or any in that age thus repute it. If then a King in an angry 7 . , n his life; 

nticke paflion (for 1 Ir.ibrevuu furor efii) (hall take up Armes againft his loyall withotlet* 

:>jc&s, and alTault their pcrions to murthcr them and fpoy lc their goods; if they (by 

ramon confent in Parliament efptciali) ) fliall forcibly refift, dilarme or reftrainc r> Se * :6<i dc 

;pcrfon, till his fury be appeafed, and his judgement rectified by better councdh; lr<u 

all this be T^cafonj Rebellion, or Didoyaltie ? Godforbid: Ithinkcnoncbut road 

rncanorwillaverrcit. Itwasagreat doubt in Law, till tbeflatutc of 35. H. 2. 

20. fctlcd it, If apartj t'^at hadcommkted any highTreafo>s when he v as of per feci 
'mory; afier a r enfati™ ^c x aw, in at ion > andcenfejfion thereof be. am? m tdt'e o? Innatiche^ 
aether be Jbould b> tried and condemned for it -during this aiftemperl And fume from 
at very act (and 21. H. 7.5 1.36.^/ 27. J2.H. 3»Foifaiture ^.zrADmcr 183. 
itz. Nat. Br, 202. D. StamfordP/eas, 16. b. and Cooke, /. 4./. 124* Tlever/yescaic, 
hich rclblvcyhat a Lunaticke or Non Compos canmt fa guilty of murthr y fel nj,cr 
lite Trcafon } becatife having no unde-'ftanding> and kn ming not what he do; h,he can rave 
je Bon-ins intention) conceive, that a reall mad- man cannot be guilty of high Trcafon 
hough Sir Edward (fvohe in r Bev r/ies c tfe, be of a contrary opinion J if he fhculd af- 
alt or kill his king* And I fuppofe few will deeme t Walter Tcrrtls cafuall killing 

King Willi*™ Ruftts with the glance of his arrow from a tree, (hot at a Deere, high 
;cafon; neither was it then reputed fo, or he profecuted as aTraytor for ir, bccaufc r ^ //: ^ 

had no malicious intention (as mod thinkej againft the King, or any thought to ^f^j^ 
i re him. But I conceive it out of qucftion,ifa king in a diftra&ed furious pafTion with- <Matjycjl. 
■it jVt caufe, fhall invade his fubjc&s pcrfons in an open hoftile manner to deftroy Mat-Par p c . 
sm; it neither is, nor canbcTicafonncr Rebellion in them, if in their ownc nccef- Ijcbonicon, 
I y defence alone they fliall cither cafually wound or flay him contrary to their loyal 1 */p C p Xt ^ n \ 
kentions; andthofc f Statutes and Law-look^s which judge it high Trcafon, h* slcedv- 
;y one malicioufly and trayteroufly to imagine, compafTc or confpirc the death ofandotfo 
; eKing; will not at all cxtendtofiicha calcof mecr* ;uft defence* fince aconfpi-the life of 
i:\z or imagination to cor^paffc or procure the Kings death, can neither be juflly ( ;n '- ^ 
^gincd nor prefumed, in thofe who arc but mecrely defenfive , no more then in o- / ; ^^~ 
tcr common cafes of one mans killing another in his ownc inevitable defence v/itl> berben,\ 
ny precedent malice ; in which a Tardon bj Laiv, is grafted of cowfe: however, Cromp<i 

Scftiorilctfeit is no Trcafon nor murthcr at all to (lay any of the kings fouldiers and r ,£1 f™ &. 
vaJicrs whoarenokings/niuchadcfenfivc warrc. Sb^tiy^ Cml 



1 6 The LArvfafaefe of the Parliaments necejfary Defenfwe 



Sixthly ,fuppofc the King (hould be captivated,or violently led away by any forraign 
or domefticke enemies to him and the kingdome, and carried along with them in the 
field, to countenance their warrcsand invafions upon his loyallett Sub;cfts, by illc-l 
gall warrants or Commiffions fraudulently procured, or extorted from him* If the 
Parliament and Kingdome in fuch a cafe, fli uld raifcan Army to refcue the King ouc 
of their hands, and to that end encountring the enemies, fhould cafoally wound the 
King whiles they out of loyalty {ought onely to refcue him; I would demaund oi 
any Lawyer or Divine, whether this Afl {hould be deemed Treafon,Rcbeliion or Dif. 
loyalty in the Parliament or army? Or which of the two Armies (hould in point ol 
Law or Confciencc be reputed Rebells or Tray tors in this cafe? thofc that come one- 
ly to refcue the King, and fo right really for him indeed, though againft him in fhew • 
and wound him in the refcue? Or thofc who in (he w onely fought for hi u, that they 
might ftilldetaine him captive to their wills? Doubtleffe there is no Lawyer, nor 
Theologuebut would prcfently rcfolve in fuch a cafe, that the Parliaments Atm* \ 
which foug'u onely to refcue the King were the loyall Sub/efts; and the Malignants 
army who held him captive with them, the onely Rebels and trayeors; and that the 
ca&all wounding of him (proceeding not out of any malicious intention, but love and | 
\ loyalty to redeems him from captivity,) were no trefpafTe nor offence at ail,bcing quite i 
. befides their thoughts: and for a direaprcfident; It was the very cafe of King t Hen J 

*An?ii66p. tnernir ^i who (together withhis fonne Prince Edward) being taken Priibncr hy thJ 
$67.spt&\. ^ 2r ^ c ofLeycefler in thebattle of Lewis, and the Eatle afterwards carrying him aboiil 
<5 f o Van.?. ' in his Company in nature of a Pritoner, to countenance his actions, to the great difcon * 
1 8 o.i 8 1. Ho- tent of the Prince, the Earle of <7/^/*r and other Nobles; hereupon the Prince anJii 
linff). Graft, they railing an Army, encountrcd the Earle, and his Purees m a battle, at EvepjaA 
ihersf n °" where the King was pcrfonally prefent, flew the Earle, Routed his Army,and refcue I 

the king; in this cruell battcll, the n king himfclfe (being wounded unawares witlil^ 
a ln prtfati Iavelin, by thofe who r ef cued him) was almoft flaine, and loft much of his blood : y< I 
bdlo.Domi- ina Parliament foonc after fommonedat wi«heftir t Anno iic'o'.the Earle and hi 
mi Rexexti- Army were di- inherited as Traytors and Rebels; but thofe who refcued them thoug I 
tit vultteatus w kh danger to his pel fori, rewarded as his loyall fubjeds. And is not this tncprefcYl 
&n»mp**e cz fe} a company of malignant ill Councellors, Delinquents, Prelates, Papiils, ha J 
inamlxla^ withdrawn? his Majcftie from his Par!iamenr,raif c d an Army of Papills. ForraigncJ 
provifode. ' Delinquents and Ma:c-contenis,toruintheParliamcnt,Kingdome,Religion,LaweI 
pfto t M&n Liberties; to countenance this their defigne, they detaine his Majcftie with them, arl \ \ 
?mM. engage him all they can on their fidei the Parliam:nt out of no difloyall intcntiol^ 
but onely to refcue his Majeftics perfoh out of their hands, to apprehend delinquent 
preferve the Kingdome from fpoyle, and defend their Priviledges, Perfons, Libertul Jl 
cftateSjreligionjf rom un juft inva(ions,have raifcd a defenfive Army,which encountrl ^ 
thefe Forces at Sdgehill ("where they fay the King was prefent) flew the Lord Generl 
(Earle of Linifej) with many others; and as they never intended, fo they offered ML, 
kind of hurt or violence at all to his Ma jetties pcrfon then or fincc; and now full fcB 
again^ their w»i$ jPetiti ons,enicavours for peace, they are neceiTir&tci to continue til 
offenfive warre, for their owne and the Kingdomes neccflary prefervation. The figj n 
qicftion is; ivhether this Att y this Defevjiv* tVarre of the Parliament and their Forvk • 
be hi$h Treafon or Rebellion ? anlw 'o are t e Trajion and Rebcfts in his cafe} CcrtaH J] 
ly, if I undcrlUnd any La\v or Reafbn, the Parliament and their Forces are ?^ ff||$ ; 



Warre^ both in Point of Law , and Conjacncc* 



)c innocent from thclc crimes; and their oppoiitc Popiih Malii;nai c Cavalccn , the 

>ncly Rebels and Traytorsjas ciiis Parliament (theoncly proper Judge cf Trcafor.sJ « Sec the Tit- 

nath x already voted and declared them in point of Law. nu nl l - n - c 

Seventhly, it is * Littleto s and other Law-bookes c*prcflc reiolutions; That if JJ *** 
l man grant to another the Orricc of a Parker (hip, of a Parke lor life, the chatc which t ° ^ ov% 
K hath is upon condition in Law (chough not cxpreflcd) that he fhall well and law- * ui tic ton 
ully keep: the Parke, and doc that which to his Oilicc bclongcth to dee, or Other- /tff.j7«.C»t 
»viic it (hail be lawf ull for the grantor and his hcircs to remove him,ard grai.t it to a no- irft.ibj.z ; \ . 
mcrifhcwill: and if the Parker negligently (IfFcr the Dccrc tobc killed, or k.llthe^ f"V°* 
Deere himfeifc without furficicnt warrant from his Lord, it is a dircft forfaiturc of bis J^J ^ '*' ^ 
Ofticc, IfthcnaKacpcrorFcrrcftcr cannot kill or negligently TuiTer bhD:erctGbcf> 6 w^K 4 p. 
iillcd(no nor yet dcllroy the vert on which they fhuuld f ccd,or fuffcr it to be deftrcy- ? 7 9 . $ 80.4 $. 
:6) without forfaiturc ofhisOtficc, even by a condition annexed to his Office by the £j.c 4 . 4.H, 
very Common Law; fliall a King, thinkc you, lawfully murthcr, plunder and dcllroy 7^-7»Cm^ 
lis Subjects, his kingdomc, withoutany forfaiture or refinance at all? or will ^^l^' 9 ** 
Common Law of the Land in fuchacafc which provides and anncxeth a condition 
to the Office of a Parker, not much more unite it to the toy all Office of a King, (who 
:s but a rcgall Kesper, or * Jheepheard of men % of Chriftians,of freemen, n?t of (laves) * in. 7 8. 70 ; 
or the Subjects prefcrvation and fecurity? Doth the Common-Law thus provide 71. 7** 
r or the iafety,thc Liberty ^welfare of our beafts, yea our wildc beafts, arc our Dcerc fo 
iwt unto it, and will it not much more provide for the fecurity of our ownc perfens, 
Lives, Libcrties,cftates? (hall not thefc be <fc*r*r to it than our Deere} How many 
J riged La wes have becne anciently , and of late yearcs made >again(t the kiliing,thc dc- * Jcc chirf4 
Iroying of tht kings, the Subjects Dcerc in Forrcftsand Parkcs, for which fomc have & f 0Tre /i gt 
oft their Liberties, Lives, members? And mall not the Lawcs for the prcjervation RajiahAbidp. 
rfthc Subjects Lives. Liberties, cftates be more inviolably obferved, more fevcrdy "wfj rule 
>rofccuted? May a Forreftcr, Warrcncr, or Keeper of a Parke lawfully bcatc and *J rrt fl' * ' 
<ill another in defence of his Dccrc and other game, without any penalty or forfaiture J^BuLf] 
it all, enjoying the Kings Peace as before this fad, by the cxprciTc ftatute of 2 1 . £♦ 1 . dc irjhtEpf- 
flaftall Forfeits 19. and Stamfords Pleas, I i.e. j.o*. And cannot a poorc fubjc&*o/>i Bibi,?^ 
defend his ownc pcrfon, family, houfc, goods, Libertic, life, againft the kings Forces, from Tom 1* 
Dr Cavalecrs without the danger of Treafon or Rebellion, if the king himlelfc bc^ r ', x ' P r/ 44 ' 
prefent with them, or they come armed with bis un/uft CommilTion ? Certainely this ^SnUdfiu. 
\ is a too abfur'd,irrationall, bcaftiall opinion for any to belecve.lt is our Siviours own dum, <jc. 
doubled argument, Mat.6. i6.Luks 1 2. J4. Behold the forties oftheayre 9 andconfder 
'be R*vtns y for the? neither fow nor reapc, neither have flore-honfe, nor barne^ jet yonr 
: heavenly Father feedeththem: ARE NOT TEE MVCH BETTER THEN 
THETf THEN FOrVLES t And Ln^ 12. 6. 7. Mat. 10. 29. 50.51. Are not 
l r»o ft irr&wes fcld for a farthing ? *nd not one of them fij all jail to th: ground without 
1 our Father; "But the very haires of jour ht*d are aH nun.by td\ Fcare ye not therefore, TE 
ARE OF MORE ViLVE THEN M ANT SPARROrVES And thcApoitlchath 
\ he like argument, 1 0.9.9.10, Doth God take care for Oxen? Or faith be it not alto-e* 
^herfor our fakes} for c Hr f .fa , NO DO^T THIS IS WRITTEN, &C. 
> r Men are the Sovcraigne Lords of all the Creatures , of far re more exceHencU anddtg- 
] \»tj then alitor an) of them; effeei illy ChnflUn m:*; whence the Apoftic 7W gives * G ™. MS, 
tf:his faiacbargctothc£/<fcrj ofEfhefx* Tbchnging as well ro kings as Miniftcrs; l 9 ( ' l ?' c * % * 
a^.20.a8; Take heed therefore nntoa'l the flocke over w!wh the holj Gbaji hath m«at '*-^°'9- 

C jo;t 



8 The Lawfalntjfe eft be Parliaments aeceffary Deftnfivc 



T 7 



% 



pu over-feers to feed the Church of God wh eh he hath fnrchafei -with his owne blood i 
*PfaUo{. and God himfcife hath given this exproffe inhibition even to * Kings themfelves ,con«* 
i 4 15,1 Chucerning his and their peoples fafety (m^Q ftrangely inverted by flattering Divines, 1 
96.10 ii. See quite coacrary to the words and meaning: J Touch r.ot mine anointed, anddo vtj Prophets 
^ C Vi j d p a ~ no barm?. Andfliall not men then made ajter Go&sowne Image; mm redeemed Ana pxr. 
vmdiariwT eh *ftAb the M**d of drift; men ma fc * Kings andPriefts to God their Father, whorr 
©f this Text* God himfelfc hath exprefTcly prohibited Kings themf elves to tonch or harme* not b 
! Re7«i.6.c. allowed liberty to defend their perfons,hau(es, lives, liberties, without cffcncc or Trca- t 
5-io.c.io.i;, fon,again(t Kings or any their Cavalcers affau!ts,by the Law of God, the Common or' 
ftatuteLawoftheRcalcr.e; when as their very Keepers, VVarreners,Forrcflers may 
lawfully rcfift,and flay them to Without crime or punifnment, if they fhould offer but 
to kill, tofteale thstr Deere or Connies i Are they not much better, much dearer to 
God, to Kings , then foules ? thenSparrowes? then Oxen? then Deere ? and 
their lives, their blood more precious then theirs? fureiy the Scripture is expreffe: 
H'Pfal,7iIi4. *^ at * ? T€Ci0HS * n the fight of the Lord is the blood, the death of his Saints^ and therefore 
-Pf« 1 16,1 ?; *&* thatfbeddeth mans blood (be he whsm he will in an unlawfull way) by man fhall 
* Ccn. 9.6. his blood be feed; if not in a judicial! way, yet by way of j aft defence, as Chrift himfelf , 
^n r i6 4 ji, expounds it, Mat. 26, 5 2. ALL they that take the fword, fhall perijh with the [word : 
zndRev. to. 10. He that tylttb with the fivord, MVST BE KILLED WITH 
THE SfVORD; ( no doubt he may be killed by way of neccfory defence;) then it v 
immediately folio wee; here is the patience and faith of the Saints: that is, Saints will: t 
and muft patiently endure many prefliires and wrongs from Tyrants and opprefTors 
without refiftance, but if they once com: to make war re with them, as the feven hea- 
ded beaft there dkl v. 7, then both thefaith and patience of the Saints them/elves will 
binde their hands no longer, but give them free liberty in inch an extremity ffor their 
oWneand the Qiurches prefcrvation,in their juft defence) tafliy thole feven headed 
beafts that fh ill atfiult them ; the very faith of Chrift then tcacheth them no other 
kflfon but this : he thatleadnh into capiviw fbtll got ix 1 oeaptivitic > and he that killed 
irith thefivordmttft be killed vith the [word : and in fuch a caie 3 God'fa*ith, Ff*l. 1 4 9. £,| iii 
J\ &. 9, Let a two- edged fword be in their hands, to execute V7ngran& upon ihe hea'thenM jg 
and pismflyTnent H}on the people ; to binie thetr Kings mrb chants and their Nobles will, 
fetters of Ir ok; to execute up on them the judgment written : This tenon? -fthispri 
viledge in fuck cafes J HAVE-ALL THE S A J N- T S> P-rxife ye 1 he Lo r d\ q 
f : J. ■ And very good reafon is there for it. For as Nature it feife hath inftm&cd Lyons! jk 
SzCjuriaJk B ^ rcs >Wulvcs,BoareS) Stagges, Buckes, and moft other beasts, not .onely todefenil m 
Sfiftaculu " themfelvcs againft the violence of one another, but even of Men their fupreamiflr* 
onhpbhus, Lords ; when they aCTault and hunt them to takeaway their lives,over which God bacll m 
Bobrgwus, given men a la wfull power: much more then may men by natures di&ate,defend tfieil w 
? ? 2>- pcrfonsjlivcs'sgainft the unlawful! violence of their kings or Armies (over which.Go I ;j 
TbettHs Lw hath given them no po^er at all but inalegail wsy of jufticc for capital!. offence* m h 
fa Circmptus when they afuuk or make warre upen them to deftroy them. Not ro trouble you wft« h 
and $odwts Hiitories ol Stag«cs and other beafes which have killed men th;t chafed them, in tfieB « 

i 

i 

j / 42 pift^« iomefew examples even of Kings themf elves, who havebeene llaine and devoured lA 

" h'tA\ 



it. 



! 




W>xrrc y both in Potnt of Larv^ and Confcience. I £ 



Vianfiraftsn and others record) Ixiiv^ in his ciiiporrot hnntirg, was (lain ut the wildc 
ocafts he purl tied, when \$ hau reigned 40. yearcs : {0 was his forme King Mempns 
ktaincarid deftroyed in bunting m the fau,c manner. Mernpdm King of lirutaine, was 
devoured by a Sea monltcr which he encountered; and * B*[U us the 3 5 Kmpcrcur of \ 29 ^m 
Covllattinoplc bunting a Stag, of an c*traordinary grcatrdlc, ar.d thn king to cut eff , ♦ ti.Hiki 
his nccke with his Iworoj the S:agge rsn fiercely at him, gored him with his homes fieri C^titf* 
on which he toiscd 1 im, bruited his entrails, whercot he dyed feme few d«ycsaf-1.4.c. s^.p, 
tcr, ;nd had bccncilainc immediately, on the bcalishcrncsjhad not one there preient J ,0 +- ^ 
drawnc his iword and cut off his girdle, by which he burg on the horres, to wr.om r c JJ^MtfTp 
gave a very ill rcquitall for this loyall f'ervicc : other (lories of kings (lane by bcailsin 9 ^6 9 j^ Q lmi/ r 
their ownc defence occure in itory,and examples of kings llainc by men in ar.d fortheir hur,i»z.iab\ 
prefcrwion, arc almoft innumerable: that of our king* Edmor dis cbfcrv2blc among Grojt.Hoiin/. 
others, who as our Hiftorians write being at a fcaft at 'fullers Church on .Saint Augu- s P ud > V* d os 
(fines day, cfpied a thecfe named Leof y whom he had formerly bauifhed, fitting in the jj" 8 
Hall, whereupon helc2ptovertheTablc,aflaulted Leof znd plucked him by the haireof 
the bead to the ground ; who in his o wne defence, wounded the king to death with 
ji knife, hurt many of Jbislcrvants, and at length was bimfclfc hewen all in pecccr. 
gut th.4t.0l cur Kjng * %khardihc i-is more rcmarkeablc, who being (Lot in thearme 
with a barbed Arrow by one Peter Bafil % (or Bertram Curdcn as others name him) * Wci«£ Ant 
I h the fiegc of Chains Cattle in Aauitatn which re belled againft him; the Cattle bcirg £" *f™™ 
I taken, and the king ready to dye of the wound, commanded the perfon that ftiotbim fjJJ'jfofr ' 
\to bq brought into his prefence, of whom he demanded; what kttrt I. e had dene him WeJlm.Pcljc. 
Uhas provoker him to this mifchiefe ? To whom he boldly rcplyed : Thru haft kilhdmj fab. iValftrf. 
WMber and my two Brothers ,With thine cm hand^andnow wottldeft haze /lain mctake what ^^J? 7 ^' 
\*evtn$t then wilt •/ Jha 11 'willingly endure what ever torture thin tartfi infttt upon mtjn re- ^[y^ r^* ' ot - 
r ft& I have flame ths$ t whohaft done/nch and fo great mifchiefe to theWor/d.lhc king hea- Ruh.2. 
ring this his magnanimousaniwcr,rclcafcd him fromhis bonds,(though he flewthc reft) 
and not oncly forgave him his death, but commanded an hundred fhilllings to be given 
him. If then bruites by the very law of Nature have thus defended thetnlelvcS' againft 
kings, who have violently alTaultcd them, even to the cafuill death of the alTaiiants: 
Whymcnby the fclfeGmc Law, maynotjfuftly defend themfelvcs againft the un/uft 
aiTailing warres of their Princes, and Armies, without Trcaibn or Rebellion, exceeds 
my (hallow undcrftanding to appreftend : and I doubt thofe very pcrfona Who now 
plead tnoft againft it, oncly to accomplifo their owne pernicious ckfignrs, would 
makenofcruplc of fuch a necelTary dcfcnfivc wars and refiftanccs lawJulncfle, were 
; the cafe but really their ownjandtbofe Papifts and Cavaliccrs who now take up armes 
againft the Parliament, the fuprcameft iawfuil power in the Rcalme, and their owne 
1 nativo Country, without chcckc of Conkience, would doubtlelle make no bones at ail 
([forcibly to refill or tight againft the Kingbimfclfe,fhould he but really joync with the 
^Parliaments Army, againft them and their dcllgnes; there being never any Souldicr or 
:iPolititian,butthofe oncly who were truely fandificd and religious, that made any 
; , confcience of righting againft, yea murtheringof his natural! king, not oncly in a 
>, iawfuil defoofive warre, but in a Trayterpusand Rebellious manner too, if he might 
j thereby advantageor promote bis wne particular intcrcfts, as is evident by the coun* 
jCcllandfpcechof D^i/V/fouldiers, and King Saul himfclfe. 1 Sam. 24.4. 5. 6. 7. 
1 8. jo, z 1. by the words oiAtifiai, to Daud, 1 Sam. 28. 8. 0,23, 24. by the Coan- 



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11 



r - ■■ - - ■ ' '. m ill -1 i i m i ll -n-i i . ■ ■ - ' ■ ■■ ■ ■ ■ 

2 o Tfo Lawfulneffe of the Parliaments ncceffarf Dt fen five 

* ice Bifhop cell of AM-.ophe/l % which pleated ts4bfilo* s andalltbe Elders cfjfraelwell, 2 Sam 1 7# J 
ritrft ' f f u ?**'•?• 4 anc * ^-Wwite number of Emperours, of Kings, which havebcene traytc- 
i. a n on a & " " roufl/, and rebeiiioufly fhine r without any ju^occafion by their own Souldic rs,and that 
part j.p i4 i 1 , » n a raserc cftenfive,notdcfcnfivc way; above halfc the Roman, Grecian, and German; 
to 4 n.i'nd Emperours dying of ftich affaflinations, or poyfonings, very few of them of ineerc 
the Authors naturall deathes, as the Hiftories of their lives declare. 

* h C f 'fr/7 / ElgJitMyi Icis in a manner agreed by y Hiftorians, Polititians, and Divines, tha* if a 
6c!uu i'f. K,n S wi ^ delcrt ^ c defence and Protection of his people in times of warre and dan- 
1.4. Qjunb. gcr, and neither aydc nor protect them againft their enemies according to his Oath and 
Brit.p. 07* Duty, they may infiich a cafe of extremity, for their owne neceffary defence and pre- 
108 p*Q See f c rvation, defert him, who delerteth them, and eleel another King, who can and will 
Grir P<, ^ # P rotcC ^ tncm ^ r:>m uttcr rlun » Vponthis very ground the * Buttons pf this Nati* | 
*3acobm VaI on after many hundred ycares fubjedion to the Roman Emperors, rejected their 
dtfus de Vis- yoake and government, when they refufed and ncglcdcd to defend them againft the. 
mute Regit* barbarous Pitts and others, who invaded them, when they had oft craved their afll- 
■*?*• ft ftancc;elcdingthcmotherP/i'r#jf/; Sothc* «$/>**/**•<// being defcrted by theRomai 
FrMeiftmT*' ^ m P crors a °d teft asa P rc y to their enemies, abandoned their government, andclofred 
upbade Re* cncm Km g s of their owne to protccl them, which they juftrfied to be la wfuli for them 
g but Hi/ba- to doe. And in like manner the Romans and Italians being forfaken of the Empcrour 
»#>,. Michael Conft*ntwt t when they were invaded by b Aiftulftts King of the Lumbar ds ; Elc&ed 
^'"ur^F- cif4r ^ s tnc Grcat *° r tnc * r Empcrour, and created a new Empire in the Weft, diftindf 
Mjvfitofm. from thatof C^fl^inopk in the Eaft, which Bifliop Bilfon himlelfc concludes they » 
i.zfio. * might lawfully doc, in point of conscience. So c CW*r/c^ being unfit to governed fl u 

* Ice Bifliopanaunabletorepulfcthe enemies of the French which invaded his territories; there-l* 
Btifin: true upon by the ad vife of Pope Zaehary } and of a whole Synod and Parliament in France, U ^ 
^aPcrence, t ^ C y depofed ChiUerkke, and eleded Pipin for their King, who was both able and 
jo^Mtf^nd*" w ' mn S t0 protect them; Vpon thisvery ground the d Emperours Charles thothird,andj 
the Appendix Wtncejl tut were depo(ed*s being unable and unfit to defend and governc the Empirejl ^ 
here p s 9. and others elected Emptors in their ftceds, Thus * Mahomet the .blindc, King of J a 
'Auenrirmt Gr ana Jo+wzs in the yeare 13 09. depofed by his owne Brother, Nobles, andSubjcclSjl f 
U llVil w^w^^^^c^^^^tob? governed I7 a biinde King, who couldnot leadthemtol 
IfTrancein l ^ z warres in pa ien. A nd * Et hodius the i d king ofSw'W, bring dull of wit, given I * 
b>4 Life. see the t0 avarice, and nothing mectc togovcrnethc Realmc; thereupon the Nobles tookcl * 
jfppe itix* up3n them the governmet,appointing Rulers in every Province, & fo continued thcrr I (0 
* Sce Griv- all his reigne, leaving him nothing but the bare title of a King, ("not depriving hiai | w 
ittki tivyin f ^ 2rco ^ out Q f £ne rcfpecl they gave to the family otFtrgufim) but yet taking away a] 
t\eir[i O ve y ^&h lsre S a ^P 0WCr ' And hotto multiply cafes oreximples of this nature: **Andrew 
and the^p- F*v'*? inhis Theatre of Honour.out of the Chronicle of L**rejh9wzxi£ Aintoniw'w 
pciHix, his 4th Booke of the Hiftory of francs, relates a notable refolution given by the Parlia- 

* n h ft €R m * r,t °^ ^^ atcs °f France in this very point.In thcycarc %o*$.Lewes thsDcbimnairc\Sx\\ 
ofS^iwe L p ° • F } ' Ance holding his Parliament in May, there came thither from ftrangc Province 
4i r two Brcthren,kings of yuU'eswho with frank 8c free good will fubmitted the mfelvc 

* g ifr.piTt.. to the judgement or the faid 1 arliamsnt, ro which of them the kingdo rx diould be 
7 p 8 5 . Bii» long. Thceider of thefe two brethren was named AfeU^dfins ) and the yonget Crte 
ctiw Re- ^ ra g 14Si ^ ow albeit the culome of the Aid kingdome, ad judged the Crownc to th 
|Mai« ' ^^'ddeft, according ^0 the right of PWw^^iw^ aUowsdand praftiftd by the law c 

Hoaourl. i« 



Warre^ foth in Ptim of Law^ and Ctmfcietice. * l 



Mature, and of later memory, in tnc perion of the la t dead King /.tubus, father to the 
wo contend ants; yet notWithftanding in regard that the Subjects by umverfa'lconfcnc 
if the king dome, had rejected the elder brother 1011 HIS COWARDISE AND 
:V1LL CjOVERNMENT {cum fecandAmritumejus gtnti* comn,i^um fbi Regrtum 
urum d'gne admintflraret) and had piven the Crown to the younger brother 1 OR 
HIS VALOVR & DlSCREETE CARRIAGE; after lulf hearing of both 
parties, BY SENTENCE of IMRI I AMENT, the Kingdome was adjudged to 
She younger Brother, (flatJit-ut junior /rater dclatam fibt a Pcpulo Juo pot faum ha- 
\crtt> ore ) and thereupon the cldelt did him homage, with cath of Allcigancc in 
the laid Parliament, and fubmitted to this fentence. And upon this very ground in 

(ome of our ancient Britifhand Saxons Kirgs Rcigncs when the right heire to thef$ cc r^rc. 
Crownc was an infant, unable to defend his kingdomc and people againft invading n «etc the 
enemies, the Crowne hath commonly deicended to the Vndc or nex: heire of foil age, <-nd. 
who was able to protect them and rcpulfe their cremic5, till the right heire acccmpli- 
[hcdhiscoropleatage,asI have clfc where manifeftcd. If then a Kingdomc by gene- 
raUconfcnt;may electancw King to defend and prcferve it,in cafe of invafionand 
eminent danger of mine by forraignc enemies, when their preient King either canno^ 
or wiUnotdoc his duty in protecting them from their enemies, and expofcth the'm 
for a prey tajheir devaluations, as thefc examples and authorities conclude tl cy may, 
though I will not pofitively determine fo. Then ccrtainely by equall, fcmblable and 
I greater rca(on,fubjccts may lawfully take upneccflary defcnfive Armes againft their 
Kings, when they (hall not onclydcfcrt, but actually invade and wage warre againft 
them, deftroyanj^waft them in anopenHoftilc manner, and handle them as ciuelly 
as the Worft of enemies; fuch a wilfull unnaturall Hoftile invairon, being farre worfc 
I than any cowardly or barcdefertion of the when they arc invaded by a forraign encrr.y. 

AndifKingsincafcof iotcifhneflc or Lunacy may be lawfully depofed from their 
kingdomes by common confent of their Realities, when they are altogether unfit cr • 

unable to gpveme, as B (hop Bilfon aflertSj and 1 have manifefted elre where : then \ 
\ much more may they be lawfully rcfiftcd by force without guilt of Treafon or Rebel- 
i lion, when they wilfully and maliciou fly, contrary to their oath and duty, caft off their 
[ Royall governments, the protection of their fubjects, and wage open warre againft : 
, th: Rl, to cnflavc or ruinc thera. If a Father fhall violently and un j.ift ly affaulc his i )nne, 
( a husband his wife, a mad cr his fervant, aMaj^ror other inferior O/ficer, a Citizen 
, to murthcr.maime, or ruinc them; Thy may in fuch a ca[c by £ the Law of Nature, God, t Sec Svnmt 
j manure fi$ % repul[e them in their owne defence without a*j crrw-rff 4//,asdayIy pradifecx- Rofd f * Tlt . 
j. pcrimcntally manifefls; yea they may fweire the peace againft them, and have a Wiit BiiMm - 
fl »» defeguritAte Pads in fuch cafe?, Therefore by the* fclfefamc reafon they may tcfift- r . 
^.thcKing and his Army inlikecafcs; there being no more humane nor divine Law ^rnmmufo 
v againft refinance in the one cafe, than in the other. 8l . 

,, FipaJ!y,icisthcrcfolutionofl7^« Bodm and others, who deny the lawfulnefle cf , 
J Subjects taking up Armes againft their Soveraignc Prince, or offering violence to his iCcmrr " n 

pcrfon, though he become a Tyrant: That if a Sover 4 igne Prince or King by lawful" I V'* 
^ * elcclioncrfuccer 9 n tun- aTjrAft Jot may t Awfully fat his Subjects requctt; bein?ad-d ' ' 
t * rtfifodfMdenxtd or fl am e by afarrtigr.e <prince.£ox as of all Noble acts, rone is more 
ill honourable or glorious, then by way of fact to defend the honour, goods, andl ves . 
1 ; of ladus arc uDJuiUy opprcflcd by the power of the more mighty, eJpcciaily. the gate 
r P3> c»f. 



i 2 The Lawfulneffe of the ParUamemsmceJfarjjpefenfive 

* of luitice being (hut againft chennthus did Mcfes feeing his brother thcffi-jteltte beaten 

* and wronged by the Egyptian, and no meancs to have redreffe ok his wrongs : Soie 

* is a roof* faire and magnificall thing for a Prince to take up Armes to relcivc a whole 
'Nation and people, unjuftlyopprcfiedby the cruelty of a Ty.rant : as did the great 
< Hercu'esyjho travelling over a great part of the world with wonderful! powtr and 
f valour deftroyed many mod horrible monikers, that is to fay,Tyrants; and fo delive- 
red people, for which he was numbrcd among the gods, his poflcrity for many 
' worlds of yeares after, holding moft great, Kingdomcs. And other imitators of hii 
f vertueas Die, Timfilton^rat.w* Harm$4itts y Ariftogiton, with other fuch honoura* 
' blc Princes, bearing Titles of chaftifcrs, and correctors of Tyrants, And for tint onely 

*See K«o^ c cau f e Tamer I tin Emperour of the Tartars, denounced warre unto * 'Bajazct King of 
TurkifhHift. < the Tarkes y who then beiieged C OM ftantiK0ple f fay'rag, That he was camming tcckaftjfi 
in his life* c££ Tyrannie, and to deliver the afpfted people - y and vanquishing him in battle, routed 
'his Army, and taking the Tyrant prifoncr* he kept him in chains ;n an Iron Cage 
f speeds HJl. c t j|j k c ^yed. Neitheriathisca(eisit materiall that fuch a vertuous Princebeinga 
r/j/n^! 9 ^* Granger, proceeds againfl: a Tyrant by open fore?, or fierceneffe, orclieby way ol 
the Nether- ' juftiqe. True it is that a valient and worthy Prince, having the Tyrant in his power, 
landtyAnd the #t ihall gaine more honour by bringing him unto his tryall,to chaitife bim as a murthef ct 
smdi/h In- c a ina nqucller, and a robber; rather than to ufe the Law of Arnica againft fttmvWherc- 
telligenccr, c f orc ^ c Us rc foIve on this, that it is lawfuli for any ftranger (Prince ) to fell a Tyrunt, 

* that is to (ay, a man of all men infamed, and notorious for the bppreffion, murder, 

* and (laughter of his fubjeds and people. And in this fort, our * Queen* Elizabeth 
ayded the Low-Countries againft the .Tyrannie and oppreffions oftito-King of : Sp/Uve^ 
and tkcKing-ot Sweden of late yeares the Princes of German} agpititk, the Tyranny and 
ufurpations of the Emperor, upon their foliicitation, If then it bc'thUS'tewfall for 
Subjf c3:s to call in forraignc Princes to reiseve them againft the Tyrannie and opprefe 

*Mit.V.ar. fions of their kings (as the Barons in * King Johns time prayed in aydefrom Philff 

HovzT speed andZwarof France againft his tyrannic) and thofe Princes in fuch cafes, may juftty 

miifb* Fab/ kill, depoie, or judicially condemnc theie opprcfling Kings and put them to death* 

Graft. Vanieli conceive the fe whole kingdomes and Parliaments may with farrc better reafonj 

in his life,.. \^ dange^and greater fafety to themfclvs, their Kings and Realmcs take up defenfivt 

Armes of their owne to repulfe their violence. For if they may lawfully helpe them- 

f elves and vindicate their Liberties from their Kings encroachments' by the affiftance 

and Armes of forraignc Princes who have no relation to them, nor particular intcref 

in the differences be twcerif their kiogsand them, which can hardly be effe&ed with 

outfub/efting tiie&ilelves tea forraigne power; the death or depofeion of the opprcS 

TntwHtf. ^g^ing : macn morepaxthcy^icTcndandrclecve.themfelves againft him by theii 

ofthe calling owhe'domcilickc Forces, if they beable,by gcncrall confent of the Realme; becaufi 

in the turtie they have a particular intereft and ingagemens to defend their ownc perfons, eftates 

into Gr&ti' liberties, which foreigners want;andby.fuch domefticke Forces may prevent a for- 

&S^Jof raigae fubjo^tion, preferve the life of the oppreffing Prince, and fucceffion of tin 

the 5^ f ^ lef Crowne in the hereditary line* which * forraigne Armies moft commonly endapger 

oiling in the And ccrtaincly it is all one in point of Rcafon 9 State, Law, Confciencc, for Sub/eft 

■Saxonswhich to relieve themfelves, and make adefenfive warre againft their Soveraigne 6y for. 

'ffpyed tkcic ra jg nc p r i nc cs Armcs, aarby their o wne : andif the firft be juft and lawful!, as all mcr 

X ™£C C °°" 5 Qi *5 raU y 8 rai li withpatcoatqdiaion j aad Brathn tol.a.c.l^, I feetio cojibur bin 

""" r *""" ~"~~ thi 



c 
1 

t 

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i 

0' 


c 

i 

D 

h 



fVarre y both in Pom of Law y and ConfottFicc. 2 3 



the latter mud bec /aft and lawful! too, yea then the firft rather, bcuuiclcffc dan- 
gerous, lefle inconvenient to King and Kingdom. c. 

From Reafons , I (lull next [proceed to puncltiall Authorities. Not to mention 
curancicnt u Brittons taking up of armes by joint confent, againlt their cppre{' i C c&t.ub. 



fing, tyrannizing Kings A'chigallo, Bmtris*, and Vortigcm, whom they both ffc* ; 




cruelties and oppreflions ; which actions the Whole Kingdomc then, ard thoic i01n Unfis>VQ* 
Hiftonans who recorded them fmce, rtputed jttft md honourable , and no Trezfo^jcbror.icon, 
nor RtbtUvn in Law or Confcience, being for the Kingdomes neccflary prefcrva- f abUn, Cax- • 
tionjand the peoples juft defence; which Hiftories 1 have cllew here more large- t0 ' i ^ Gra U^' 3> 
\y related. Nor yet to infilt long on the fore-mentioned Barons wane , againft lung $° 5and 0* 
Zohn^ndHenythe 3 d . for regaining, cftablifhing, preierving Mag** £%* t*., and therVinihefc 
other Liberties of the Ilcalmc, which our Kings had almoft utterly deprived thcmftvuai' 
jff 5 I fhall onely give you fome few bricfe obfervations touching thefc warrcs, to 
rlcarcthem from thofe blackc afperfions of Re billion ,Tre a fen -and the like, which 
bmc late HifTorians (especially hhn Speed) to flatter thole-Kings to whom they 
Dedicated their Hi'lories, havecaft'upon them, contrary to the judgement of our 
mrienter Chonklcrs, and Matthew Paris ^ who generally repute them lawfull and 
lonourablc, 

Virft then confider, what opinion the Prelates, Barons, and Kingdome in general!, iMatth.l 
i«dof rhefe Warrcsat firft, ' Anno 1414. in a Parliament held at Pauls the 16. ftifl, Arg\. ? * 
^eareof Kinglobxs raigr*, Steven Lamjon Archbifhob of Carter bnrr, produced 1 ^ tol ^°» 
. Charter of King Ho.rj the Firft, whereby he granted the Ancient Liberties of tfo q 9 .^ ' 
Ktngdome of SngUnd (which had by his Predecejfors beene opprejfrd w- : th u-j*ft ex-t- ± [^j^'f 
v1ions % tccording to the Lanusof King Edward, with thofe emendations , which his Fa. an J Daniel, 
\her % bjthe conn fell of his Barons, titdratifei wbicrrCbartcr being rea^ before the F- *4° x 4^' • 
, iarons, they much tejoyced ; an i fa ore t» the pre fence of the Archhif^p r; ; ihnt/tfr I4 *- I 43». 
Ihefe Libert:^ /• eyrronUfrj ' need required, fpcjtd their blood: which being openly 
rone in Parliamcar,they would never have taken fuch a pablike fclemne Oath, had 
► •icy deemed a Warre againfi the King/or rccovery,or defence of theft their Liberties 
j nlawrall,andnoFeffcthcn Treafon and Re belli on in point of Lav/ or Conference. 
foer this the Barons aflfem!;lfr> g at Saint Edmotidjlxrj, conferred about the did Char- 

and fworeupon the high Altar, That if King Iohn refufeit* con fir me and reflore 

'b m thofe Liberties (the T{igbts of the Kingdom*) they mould make Warre up 
\\vt y ani withdraw thcmfcfri s from his Allegiance , until I he had ratified them ell iv th 
'-arter utter his'gent SeaU. And further agreed, after Chruimas to Petition 

for the fame", and in thsmeane tirrit tcrprbvid* themfilves of Hor fe and f crniturc' 
^>tfc ready, if the King (houldilart from "his : 03th made at H'ir.J'fifter, at the time 0? 
\ s absolution, for confirmation of thefe Libcrtics^nd compeR him to fatisfie their de- 

idi ^ffter Chriflmas they repaired a Military manner to the Kirig, lying in the 
j:w Temple, urging their defires with great vehemencie : the King feeing their 

Intion and incHnation ro Warre, made anfwer , Tlxtt for the rhattrt they nfaii 
j.^, be would take,csnfijcr.;tie>; till after E>-fternext y In the meanCtime, het6oke"up- 

iaaifhcCro^ rather through feare, then devotion, fappofing hfanfclfe to>tce 

flwre : 



24 The Larvfulrxjfe of 'the Parliaments necejfary Defcnfivt 



more fate under that Protection : And to (hew his del perate malice and wilfulncflc 
(who rather then not to have an ibfolutc domination over his people, to doc what 
he lifted, would be any thing himfelfe under any other that would but fupport him 
in his violences,) he fentan Embaflagc (the moft bafe and impious that ever yet 
was fbnt by any free and Chriflian Prince ) unto Miramumalim the Moore, intituled 
the great King of A \ffrica, Morocco, and Spaine ; wherein he offered to render un- 
tj him his Kingdomc, and to hold the fame by tribute from him as his Sovcraignc 
Lord; toforgoctbc Chrifiian Faith, as vainc,and to receive that of Mahomet^ im-1 
ploying Thomas Hardington and Ralph Fitz-Nitholas, Knights, and Robert of Lon* I 
s&AfClerkc, Commiflioncrs in this negotiation $ whole manner of acceflc to this 
great King, with the delivery of their Meflagc, and King Johns Charter to that cf- 
fecl:,arc at large recited in Matbew Tori/, who heard the whole relation from ^#1 
&r*oncoftheCommiffioners, Miramumahmhwing heard at large their Meflagc, I 
and the Dcfcriptton of the King and Kingdome, (governed by an annointcd anc|| 
Crowned King, knowne of old to be free and ingenuous $ ad nullius^ prater qaan, 
DeifpeBans domfoationem)with the nature and difpofition of the people,fo much dif 
dainedthebaleneffc and impiety of the Offerer, that fetching a deepc figh from hi: 
'heart, heanfvvered, I have never read nor heard, of any King poflcfling fo pro 
'Jperous a Kingdome, fubjed and obedient to him, who would thns Willingly ruirn 
' his Principality, as of free to make it tributary, of hisownc to make it anothcrs, o 

• happy to make it mifcrable, and to fubrait himfclf to anothcrs pleafure^s one conquc 
' red without a wound. But 1 have heard and read of many, who with effufion an< 
c lode of much blood ("which was laudable,) have procured liberty tothemfclvcs ; w\ 
' do antem an Ho, qaodDeminw vefter mifer^ defis & imbellis, qui nullo nulls or eft 9 de lt\ 
4 hero fervw fieri defidsr at, qui omnium mortaliummiferrimHiefk. After which he (aid |! 

* That the King was unmrthy of his Confederacie ; and looking on the two Knight 
'with a fterne countenance, hs comnanded them to depart infiantlj out of his prefena 

and to fee his face no more ; whereupon they departing with fhamc ; bee charge 
Robert the Clerkc, to informs him tritely what manner of perfon King John was ? wb I 
replied, * That he was rather a Tyrant then a King ; rather a Subverter then a Gova I : '9 
« nour ; a Subvcrter of his ownc Subjeds, and a Fofterer of Strangers ; a Lyon 1 1 
fi his ownc Subject, a Lambe to Aliens and Rebels; who by his floathfulncfllf 
'had loft theDutchyof jVVzwWy, and many other Lands, and moreover thirftclpk 
* to iofe and deftroy the Kingdome of England : Anunfatiablc Extortioner of mc| f0K 
«ney ; an invader and deftroyer of the pofleilions of his naturall people, &c. Whc I 
tWirAmtmriim heard this,he<»0* onely dej)ifcd>as atfirft % but dcteftedatdaccwfedhinWi 
and [aid i c Why doc the miferable Englifb permit fuch a one to raigne and doml^" 
' necr over them t Truely, they arc effemiuate and flaviih : To which Robert anfw l Vlc ? 
red* ^xhcEnglifh are the moft patient of all men, untill they arc offended and danl^ 
c nified beyond meatirc. But now they arc angry, like a Lion or Elephant, when ll^ 
^perceives himfelfe hurt or bloody; and though late, they purpofc and endeavour ifr { * 
' fhakc the yoakc of the Opprcffor from their necks which lie under it : WhcrcupcB^ « 
fa reprehended tht overmuch patience ani fearefulnejfe cf the Enplifb ; and difmiflfi I 
thefc Mcffengcrsj whorcturning, and relating his > AnfwertoKing John, he was e. I 
ce:ding forro wfull,and in much bitterneffc of Spirit, that he was thus contemned at I 
difapomted of his purpafe. Yet perfifting in his preconceived wicked defigne J 

ru ifl 



Jj' 

i 

in; 
d 

/ 
n 
ifll 
nit 
tin 



Warre % both in Point of Law, and Confcicnce. 2 5 

ruine hi* Kingdomc and people, and h~u. .gall the Mobility 2nd Gmtry ofr England, 
with a viperous Venom, he lets uponanothcr couric ; and knowing * Pcpcfwm* * A rrue. 
cent to b: the mofi ambitious t !r&Hd t a*idc9 Let otu of all mtn, a ho by gifts and \rvmifet Chancer o( 
would be Wrought upo> y tu all any vic^^'nefe : Thereupon he hafhly difpatchcthmcU al>0 P c « 
fengers Co him with great fummesot Money, and a rc-afluranccor Ins tributary Sub- 
jedion,( which fhortly after he confirmed by a new Oath and Chartcr,)to procure him 
to Excommunicate the Archbif» n p°f Canterbury and the Barons, u horn he had for* 
merly favoured ; which things he greedily dcfired that he might wreck* his tralice on 
them by Dif Met iting, Imprifoning, and Spoil, ng them being Excemmumcated : Which 
things when he had wickedly plotted, he more wkkcdly executed afterwards. In 
the meanc time, the Barons forciceing that nothing was to be obtained but by flrong 
hand,aflcmblc an Army at Stamford, wherein were faid to be two ihoufand Knights^ 
pdidcs tfquircs, and marched from thence towards Oxford, where the King expo- 
sed their comming to anfwer their demands. And being come to Bradley with their 
Army, the King fends the Earicof Pembroke Martfcall, and the Archbifhop oft^an- 
erbury, with others, to demand or them, what were tbofe Law?s and Liberties they re* 
iMtrcd f to whom they flic wed a Schedule of them, which the CommifTioners del- 
ivered to the King : who having heard them read, in great indignation asked ; why 
\bi Barons did not likewife demand the Kingdom* f and fwore he Would never ±rd u tbofe 
inicles, whereby himfelfe foould be made a Servant. So har fh a thing is it to a power, 
hat is once gotten out into the widclibertie 01 his will, to hearc againc of any redu- 
ing within his Circle. Vpon this anfwer, the Barons refolve tofeize the Kings Ca- 
pes ; constitute Robert Fit*.- waiter their Generall, cntituling him, Marifcall of the 
i'tXMr of GOD, a*dof HOLT (fHVRCH: A Title they would nc- 
j-er have given their Generall, or Army , bad they deemed this Warre unlawful! 
,i Law or Conference. After which they tookc divers of the Kings Caftles. and arc ad- 
mitted into London j where thnr number daily increafing, they make this Protefta- 
:on; Niverto give over the p'ofecution of their dtfre, till th<y had conflrsined the 
lng(whom the) held perjured) to grant them thtir Rights. Which qucfticnldle, 
|iey would not have done, had they not bclccvcd this Warre to bejuft and law full. 
'ing Iohn feeing himfelfeinam -nner oeyier^llyfo Y fa J ^n of a f l his people^ a id Nobles , 
avingfczrc: 7. Knigh s faithfuB to him (another itrong argument, that the peo- 
( le and Ktngdome generally apprehended, this taking up armes againll the King 
j regainc, to prefervc their hereditary Rightsani Lib:rties, to be lawfully countcr- 
:its the Sealcsoi thcBiihops, and writes in their Names to all Nations, 7h.it the 
fnglifi were all isfpyfta'es, and whofoevr would come :o invAcle them , hee, by the 
opes con f ent> would enferre upon them nil their Lands and Bo^ojfio s. But this de- 
icc working no eftjd, in regard they give no credit toir, ana round it appmntly 
.lie; the King feeing himfclfc defertcd of all, and that thofc of the B irons part 
'Crc innumerable, (enmtota Angha NeHlita* in unam colic tla % quafi fi>b numtrj 
f* cidebst, , writes Math.w Tars , another argument of the juttice of this caufe 
jfd warre, in thcirbclicfes and confeiences • a: lall condefcaidcd to grant and con- 
mc their Liberties, which he did at Running- Meade, in fuch fort a> I have former* 
, related. And though the Pope afterwards for his own: private ends andintcreft, 
{ oribed by King Ub* y wk) rcligned his Kingdom: to him, and becane his ValTaU, 
,| ithouthis peoples coflfent, which rcfignation was judged voidc J excommunicated 

D th* 



2 6 7 he Larvfulneffe of the Parliaments necejfary Defenfive 



the Barons withall their aflifhnce ; Qui lohatnemillufnm Return Anglorum Cruu 
fignatum.ET VASALLVM RO MANUAL E C C LE S I tAL (an ho- f 
nourabie Title indeed for a King ) perfquuntxr, molientesei Regnum auferre (which [ 
th's Pope him felfe did but fewyeares before, giving bis Grown and Kmgdcmc i 
felfe Do King Phillip of France, which to fave, hefordidly rcfignedupto the Pope, 
quod ad RottAnam Ecclefam dignofcitur per there. Yet this Excommunication th 
procured by bribery, proceeding not ©uc of Confcience to preferve the Kings d 
'f^'dV^ Ri» nts * but fclfc-rcfpscls to lupport the Popes ufurped intereft and Title to t 
- 7,i '^ Realme; and being a wicked plot of the King, more wickedly executed by t._ 
Pope, (who as Matthew Pari* wiites, was Al* OMNIA SCE LET^A 
pre prtmijs datu vtl promt ffis cerem & proclivis ) and the ' London rs, Barons, with 
' divers Prelates then contemning it, as pronounced upon falfe iuggeftions, and cfpeci' 
' ally for this caufe, that the ordering of temporall affaires belonged not to the Pope> j 
CumTetro Apoflolo & ejut Sftccefloribm non nifi Ecclefiaflicarnm dijpofitio return a 
Domino fc coUata poteftas. And ufing like wife thefc memorable Speeches in thoft 
blind daiesagainftthe Pope and his ufurped Supremacy ,with liberty. Vt qnidadnoi 
fe extendit Romaneruminfatiata cupiditas ? gnid Epifcopis sApr ft elicit & MilttU 
no^rs, I Ecce fuccejfires Confrantini & wn Petri, nonimitantnr Pnrttm tn mentis 
vd operates ; nee affimulandi fmt in Potefttte. Troh pudor f marcidi ribaldi, qnid, 
mmii vel li'eralitate minime nornnt , yam toti mundo propter excomvtinicatione. 
fuas volunt dominari ; ignobdes ufurarij & Simmiabs. O quantum dijjlmu 'es Petro 
qui Jibi Petri ufntpan partem f&c. I conceive this Excommunication rather jufti 
ti-s then cfifprovesthelawfulneiTe of this their taking up of armes, and the warn 
infuing it being but for their ownejuft defence, when the King afterwards with fire 
fword, and bloody barbarous Forraigne Forces wafted his Rcalmc in a moft inbo 
mane,tyrannicall mmvc,Fattui de Rege Tyr annus ; imv i* beftiale.n prortsmpens feritaW 
tem.&c. which ncceflitatcd the Barons for their own prefcrvation and the Kingdom |W 
(devoted by this unnaturall Prince to Vaffallage and utter defoiation ) to elcc'Jr 
Lew* of France for their King : Who, together v^ith the 3?eeres and Eftatcs c 
JFra?«,-affernbled at Lions concerning this Election 5 refolved it to bejnft and law 
full) and the Barons Defenfive Warres agaivft , and rejellkn of King Ichn fo 
hit Tyranny aid oppreffions, to be jufi ani honourable, fince they did but flee to the] 
extraordinary remedies, ard Jeekg for j aft ice abroad, when they were denied it by hn 
that ftjou'd give it them in a* or inar/ w*y fit home % chofing a King, in place of 
*Hif> AntK^ rant ^ asm ^^attheiv Par-s y with the n generaJl Hifiory of France (written b 
pag.i?o.i7ifvhn de $vrres,Anl Englifhed by Edward CJrim^o^) m re largely manifeft, 
« Fo£, y i n. Secondly, the La wfulacffe and j aftneflc of the Borons Warres in Defence of M& 
ila » ra£hart*> with other their Hereditary Rights and Liberties, appeares moft evidcrj 

ly, by the rcfolution of aU chofe Parliamsn'S (ummoncd by King Henry the 3 d . E 
■v.rd the 1 °. 2. 3 . Richard the 2 d . and other our ibeceeding Kings 5 v/hich have m 
Seepirt 1. pt y times, even by ° force of Armes, or Menaces y and fometimes by faire term< 
f. i^»o.*. ' caufed the'e Kings by new Acls of Parliament to rarifie Ma^na Chma, the &m 
ter of the Foreft, ^vith other Fundamental! Librrtfes , thus forcibly extorted fro 
King hhn at flrft ; and con [trained them to confirms hem whhtht %r Oathes, and [ohm 
f Co*pm> pxblicke? Excommunications, to bepxblifiedby tht Bijhops in their Diocese twi:ce% 
C'hsnaruTn. ry yfA re : oft foicawly vovvtng, and proceftins, both in and out of Parliament to* 



IVarre, hath in Point of Law, &nd Con [cit nee. 2 j 



T end tke[e Larre* and Liberties, with thare fates, armes, lives y klo^d ; winch t hi tr aa- 
•4 tier shad j uy -chafed with their blood ; as I have manifefted in the two n't ft psrfs of rhi9 
J)ifcourfc : All which they would no doubt have forborne, had they deemed it high 
rrcafon or Rebellion in point of Law, ta take up armes againil their Kings in defence 
ft thefc Lawcs and Privileges ; neither would our Kings and Parliaments in times or 
'cacc.have (o frequently confirmed thefc Lawes and Immunities, as juft and necefla- 
y for the peoples welfare , had they reputed their former purchafes and confirmati- 
>ns by warre and armes, no leflcthen Trcafon,or Rebellion. And if it were neither 
Trcafon nor Rebellion in the judgements of our Anccftors and thofc Parliaments 
vhich procured, and ratified CMagnaCharta, to take up armes in defence thereof ; 
nuchlcfTc can it be Trcafon or Rebellion in the Parliament and Subjects now (by 
^otcs, by Ordinances of both Houfes) with force of armes to prefervc,not only thefc 
par hereditaria Charters, Lawcs, Privilcdges^but their very Lives, Eliatcs j yea, the 
. rivilegcs and being of Parliaments thcmfclves,whkh are now invadcdjcndangered. 
What opinion the world had of the lawfulnelTe of moft of the Barons Warres in 
Zing Henry the 3**. his llaigne,againft this troublcfomc perfidious King, in defence 
f their Lawes, Liberties, Eftatcs, appcarcs firff , by the Dialogue bctwecne AgneU 
*,a Frier minorite,onc of King Henry his Counfell, ( purpofcly icnt to the Earle 
\iarfhall, then in armes againft: the King) and this Msrtiall Earle, in the Abbey of 
Morgan. Anno \ii$. I will firft relate the true Rate of that Warre, and then their q Math.Paru 
)ialoguc concerning it : ^ King Henry by the ill council of Peter Bifhop of Win- m/l.?. 171. to 
lifter, removed all his Englifh Officers, Counfellors, and Servants from his Court, }*%i*nkl % 
id put Poittovinest and Forraigners in their places, being ruled wholly by them; J* 1 ** -1 .**' 
7ithall he puts the Englifh Garifons out of all his Caftles^and fubftitutcs Forraigners £j£?*Yij 
1 thcm,which dayly arived both with Horfe and armes in great multitudes,and much Matth/ireffi 
ipprcfled the people, calling them Traitors; fotrfat the power and wealth of the^« wo »*i$.* 
t.calmc was wholly under their Command. The Earle Marfhall feeing the Noble 
f id Ignoblcthus opprcflcd,and the rights of the Kingdome like utterly to be loftjpro- 
1 3kcd with a zcale of Iufticc, affociating to himfclfe other Noble men , goes boldly to 
pie King, reproves him in the hearing of many, • For calling in thofc PolUovines, by 
':vill Counfell, to the oppreiTion of the Kingdome, and of his naturall *Sub jeers, 
md like wife of Lawcs and Liberies; Humbly befcechingkim, haftily to corrcd thefc 
pcxecfles, which threatned the imminent fubverfion both of His Crow ne and King- 
dome, which if he refufedtodoc, he and the other Nobles of the Real me, would 
Withdraw themfclves from his Counfell, as long as he harboured thofe Strangers. To 
i hich Peter of IVinchefter rcplyed : That the King might lawfully c*U in -n h.u fir an- 
^rs he would, for the Defence cf his Kingdome and Crowne, avd likewifefo many , and 
jch, as might compeU his proud and rebellion Subjecls t9 due Obedience. Whcre- 
^on the Earle Marllull and other Nobles, departing difcontentcd from the Court, 
rocn they could gctno other anfwer, promifed firmcly one to another 5 That for 
^ucamfe* hich concerned them all, they would manfully fight, evn to the feparation of 
^nle and Body. After which, they feeing more Strangers arrive with Horfe and 
;mes every day, fent word to the King; That he e Jhou Id forthwith remove Bi- 
wrp Peter, and all his Strangers fom hi* Court, which if he refufed, they all would 
*T THE COMMON CONSENT OF THE WHO LE REALM 
pvebim, with his nicked Cofinfellon^s, qnt of the Realm? } and con fit of chafing then* 

D z anen 



I 



1 8 The Lawfulnejfe eft be Parliaments veceffary Defenfive 

a new Kinr. After thefe, and iomc other like pafiages, the Kmg rayfing an Army^ 
bciiegeth one or the Earles Caftles ; and not being able to winne ic, and a&arned to 
raifc hisSeigc without gaining it, he fenc certaine Bifhopstothe Earlc, andreqqe- 
ftedhim • thatfincchc had bjfieged his Caftle, and hee could not with Honour 
drpart without winning it, which he could not doc by force, that the Earlc to (avc 
his Honour would caufc it to be furrended to him, upon this condition, That h* 
tvonli refi ore it certminelj to him mthin- i f, dajes , andthat bj advifecfthe Bijlop, 
hi would amend 1 11 thing! amjfe in his Kinodems ; for performance of which the Bt- 
(hops became his Pledges, and the King appointed a meeting at Wefiminfier r on a f< 
day bet weene Him and the Lords: whereupon the Earlc (urrendrcd the Caftle tot 
King, upon Oath made by tbeBiiliops thatitftiouldbereftoredatthc day. But t 
King refuting to deliver the Earlc the Cattle, according to promife, and thrcatning to 
fiibdue his other Caftles ; the Earlc hereupon raifcth his Forces, winnes his CaitJe 
againe, routs divers of the Kings Forraignc Forces, at Gorfe».oni y Monmcuth, and 
c other places ; and invaded the lands of his Enemies, Vpon this occasion, Frier e^- 

* ntUus (ot Lam'je) acquaints the Earle, what the King, together with his Couniell 
'and Court, thought of his proceedings; to wit, that the Kingfaid, he had proceeded 

* over traiteroufly, and unjuftly againft him, yet he was willing to receive him into fa- 

* vour, if he would wholly fubmithimfelfe to his mercy ; and that others held it not 
' juft, fafc, and profitable for him to doe it ; becaufe he had done wro»g to the King ; 
' in that before the King had invaded his Lands or Pcrfon, heinvaded and deftroyed 
s the Kings Lands, and flew his men; and if he fliould fay, he did this in defence oiP 

* his body and inheritance j theyaniwered, no, becaufe there was never any plot aJ( ra 

* gainft either of them ; and that were it true, yet he ought not thus to bwakc fortH 
'againft the King his Lo d, untill hee had certaine knowledge , that the King had! 
' fuch intentions againft him : E-T EX TVNC LICE RET TALlM 

* tsfT TEMPT ARE •, and from thenceforth he might lawfully attempt fuch thingsflGw 
^ (by the Courtiers and Fricfs o wnc ConfciTions i ) Vpon which the Marfhiall faid itPW 
4 Frier Lambe : Tothe firft they fay, that Fought to fubmit my iclfe, becaufe I havj^ 

* invaded the King : it is nottrue, becaufe the King himieife, (though I have bcene cfp 
4 ver ready to (tend to the La w and judgement of my Pecres in his Court, and havfta 

* ofc times re qacfted it by many mcflengers bctweenc us r which he alwaies denied 1 1 

* grant,) violently entred my Land, and invaded it againft all jjftice : whom hopin 
*in huaiilitytoplcaicl freely entred into a forme of peace with him, which ws 

* very prejudicial! to me: wherein he granted, that if on his part alhhing$wcren< 

* punctually performed to ward me, I. (hould.be in my priftine (late before that peac 




ml 



1 ME, According to my agreement, to recover what was mine ownej and ! 

* debilitate his power by all meanes ; cfpecially feeing he endeavoured my defhu&ioi 
' dif inheritance, and feiztng of my Body, of which I have certaine intelligence, ai 

* amablcto prove it if nccdebcc And which is more, after the j 5;. daics truce, -befofl H'ob 
,4 I entred Wales* or made any. defence, he deprived me of the Office of Marfhaflttlt 
f ^without judgement, which belongs to roe, and I have enjoyed by Inheritance, n< 
^ther,wpuidiicb,y;aay.incanc3 reftore.KW^o iU though required, . WhcnccXrw 



IVarrC) both in Foint of Larv, and Cenfcicncc. 2P 

— m 



laindy learned, that he will keepe no peace with me, feeing fince the Peace hec c 
jandlesme worfc then be fore. Whcrtby I etafed to bet his Subyll, find trot ab[ctved c 
rem his homage by him. ll'l.ertjo-c it no*, and is lanjnll for rre to defead my Jelfe,* 
md to irithftand ih' ma/isc oj h:s (^ounfellors by ad m:anes. And whereas the \ 
tings Counicllors fay , it is profitable for me to fubmk to the Kings mercy , becaufc he c 
s more rich and piwcrfull then I am. It is true, the King is richer and more potent * 
hen I, but yet he is not more powcrfull then God, who is luflicc it fclfe, in u horn ■ 
trull, in the confirmation and profecution of my right, and of the Kingdomcs. And ■ 
vh:rcas they fay, the King can bring in Strangers of his kinrcd,who are neither' 
|f#fr 9 oor French, nor Welfi^ who (hall make all his foes his Foo:-{toolc,andcomcin * 
jch multitudes, as they fhall cover the fa c: of the earth, and that he can raifefeven c 
jicn to my one: I neither trufl in Strangers, nor defiro their confederacies 
jorwill I invoke their aide, Vnl-Jfe, which God forbid, inopinata & tmrnuabi/i- 
itro corrpxljns nsceffi ate ; I (hall be compelled by a fudden and immutable nc- \ 
rffity ; and 1 bclecve by his Counfclls ill advife he will quickly bring in fuch mul»< 
;itudcsof Strang:rs, thathc will not be able to free the Kingdome of ihcmagainc; « 
or I have learned from credible men, that the Bifliop of Winchefter is bound to * 
JC Emperour,thathe will make the Kingdome of England fubject to him; which* 
iod in his providence avert* And whereas they (ay, That I may confide in the King' 
idhis Counfcll, becaufe the King is mercifull, credible, &c. It may well be that the « 
ingis mercirutl; buthcisfcduccdbcthcCounfcUof thofc, by whomwefcele our* 
:lvei much hurt; and he is Noble and credible (whom God long prefcrve fo)as « 
jiuch as in him lies ; but as for hisCounfcll, I fay, that no one promifemadc* 
me, was ever yet kept, and they have violated many corporal! Oathes made to * 
( ic, and the Oathes they toeke for obferving Magna Charta>iox which they re- « 
jiainc excommunicate and perjured. Yea, they are \ & jured concerning the faithfull * 
bunfell which they have fwornc to %\wc to our Lord the King, when as they 
ve wilfully given him the Counfell of Achitepbel, againft jufticc ; and corrup ■ 
I'd the fuftLawcs they lave fwornc to keepe, and introduced unufuall ones : for * 
hich, and for many other things, for which neither God nor man ought to trufl « 
lem, or their complices, arc they not every one excommunicated ? € 

%nmorde Wteri faciei ventura timeri : « 

frasfoterunt fitfi tn*fiaftcut hcrl. € 

Fthx quern faciwt alena ftricula cautum, < 

< 

Whereas the faid Counfellors of the King fay, that I invaded the*Kings body at * 

orfmnndCMz, before the King had entred my Land ^ and fo I did in/uric to< 

King, forwhichl ought to implore his mcrcie, lead others fhould take example « 

nencetorjifcupArmcsagainftthcKing. Ianfwcr,thatl was not there in pcrfon ; « 

i-id if any of my Family were thereby chance, they invaded oflely the Family of« 

c King, not the pcrfon of the King : which yet if they had done, it were no « 

: ondcr, feeing the king came with his Army into my Land, that he might u>< 

iiemc, andopprcfle rac by all the meaneshc could, which may appeare to ali« 

h the tenor of his Letters, by which hce made a gcncrall alTembly throughout * ■ 

|M^a£ainft.my Atmy : And fincc the premifcj objeded againft mcc^rc -fal& 3 « 

D'ii " and. 



I 



30 7#* Ldvfitlnetfc df tht Parliaments nccejfary Defenfive 

? and it is true, that the King hath treated me worle fincc the time I expected h ^ 
f mercy , then any time before, and doth yet ufe the fame Counfell as then ; an ( 



,*to his will- which is not grounded upon rcafon. Yea, I (hould doc an injury t r 
? him, and to Iufticc, which he ought to ufe towards his Subjc&s, and to maintain* 

* Add I {hould give an id example to all, by deferring Iufticc,andtheprofccution( 
' right, for an crronious will againft all Iufticc, and the injury of the Sub/eels : For b 

• this it would appcarc, that we loved our woildly poffeffions, more then Iufticc 
'fclfe. And whereas the Kings Gounfellours object, that wee have combined wi» 
I the Kings capitall enemies, namely, the French ', Scots* Welfh, out of hatred and dan 
c mage to king and kingdome .-That of the Trench is altogether falfe, and that of tl 
« Scotland Welfh too; excepting the king of Scotf, and Leoline Prince of N*ru 
< y»*les ; who Were not the kings enemies, but faitbfall friends, iintill by injuries off 
\ red them by the King and his Counfell, they were by cocrtion againft their wills, a 

, , enated from their fidclitie, as I am. And for this caufe 1 am confederated with thee , 
J that wc may thebctter being united,then feparated, regaine and defend our rights, 
€ which we are unjuflly deprived, and in a groat part fpoiled. Whereas the Kin, 
c Counfell propofc, that I ought not to confide in my Confederates, becaufe t 
6 King, without any great hurt to his Land, can cafilv feparatc them from my fricn 
t fliip> Of this I make no great doubt, but by thi> the iniquity of his Counfclk \ 
t doth moft of all appeare : that in fomc fort they would caufe the King to fuftai 
c iofle,by thofc whom he fpccially calls, capitall enemies, to injure mec who ha 
alwaiesbecne his faithfull Subje<?r, whiles I remained with him, and yet wou 
ocfo, if he would r€ftore tome and my friends our right. Whereas thefaidCou 
' fellorsfay, that the Pope and Church of .&?;»*, doc fpeciaily love the King and kin 
*dome, and will Excommunicate all his adveriaries, which thing is even at t 
'? dores, becaufe they have already fent for a Legate : h pleafeth mce well, faid f 
" Marfliall ; becaufe the more they love the King and kingdome, by fo much t 
€ more will they defire that the King fhould treat hisRealmc and Subjc&s, acc< 
€ ding to /uftice : And lam Wellpkafed they (hould excommunicate the adver- 
€ ries of the Kingdome, bccaulcthey are thofewho give Counfell againft Iuftil^ 
c whom workes will manifeft ; becaufe Iuftke and Peecc have kiffed each other ; a 
'becauteof this, where Iufticc is corrupted, Peace is like wife violated* Alfo I 
t * plcafedthat a Legate is comming, becaufe the more difcreet men (hall heare our 
ftice, by fo much the more vilely fliall the adverfaricsof Iuftice be confounded, 
which notable difcourfe we fee the lawfullneffe of a ncceflary dcfenGve Wa 
yecided and juftified both by the King, his Counfell, and the Earle Mar (hall, asvKjt 
againft the King hi rafclfe, if he invade his Subjefts firft, as any of his Forces wE*;,, 
aSifthim. After which the Marfliall flew many of his Enemies by an AmbufcaK^ 
while they thought to furprife him, and wafted and fpoiled their goods, houl 
lands; obferving this general! laudable rule which they made, to doc no hurt, no lit 
to any one, but to the Kings evillCounfcllors by whom they were baniflied, wlucf 
goods, houfes, woods, Orchards, they fpoiled, burnt, and rooted up. The KB;, 
remaining at Qlmfier^ heard of thefc proceedings of the Marfliall, but his force*" 



ft 

i 

N 

rij 



]\ r arre, both m Point of Law, and Corjiiencc. a \ 



ig too wcakc, he durft not encounter him, but retired to Whimper with Bifhop 1, 
eter, confounded with over mucMhamc, leaving that Country to be waited by his' 
ivci Aries; where innumerable carcafes or' thole there (laine lay naked atidunburied in ■ 
jcwayes, being food to the bcaftsand birds of prey : a fad fpcdaclc to paflengcrs, ■ 
hich io corrupted the ayre, that it infected and killed many who were healthy. Yet * 
c Kings heart was (o hardncd, by the wicked councell he followed, againft the Mar- « 
all, that the Bifhops admomihing him to make peace with him, WHO IO VGHT € 
OR 1VSTISE ; he anfwered, that he would never makepeace with him, unlcfle' 
♦mining with an halter about his neckc and acknowledging himfelfe to be a < 
*aytor, he would implore his mercy. The Marshall both in Englani and I e/and;< 
ofeffed that he was no Traytor; that hiswarrc being but dcfcnfive,was jull; iww«- 
bUiter ^f firmans cjuqA li.wt fibi dejurc quod futsm erat refetere, & pyjfe Rcjs& 
Kfil orumjuorum^modui omnibus qttib us poter at y infirmare. 

f mlii am Rtfianger in his continuation of Matthew Paris > fpcaking of the death of , Vi t ^ , 
mm Monfort Earic of Lejctfter, flainc in the Battle of Evejbdm % the greateft Pillar gC^Damllj 
the Barrons warrcs; ufcth this cxpreflion. Thus this magnificent Earle S^mon^n- p.178. 
i his labors, who not oncly leftowed hid eftfite hut his perfon alfo y for reletefe of c 
opyre/ponoftkcpoorcifortbe averting of Inftice, and the right of the Realme : he C 
as commendably skilfull in learnings dayly frequenter of divine Offices, conftant c 
word, fevere in countenance, moft confiding in the prayers of Religious perfbns, c 
wyes very rcfpe&fuil to EcTeiiafticallpcrtons. He earnehTy adheared to Robert ' 
oft bead Bifhop of Lincolte, and committed his children to his education. By his c 
j/ifchc handled difficult things, attempted dowbtfull things, concluded things be- * 
:j,fpcciallyfuch things whereby he thought he might gaine defcrt. Which Bifhop c 
IS laid to have etspjnedhim > as he would obtaine remifftm of his Jinxes , that he Jhould c 
fiertake this caufe for which he contended even unto d?ath } ajfirmlng % that the peace cf : 
I Church of England could never be eftd lifted, bxt bj th? material! firord; and conftant- c 
UvtrriKg; THAT ALL WHO DIED FOR IT WERE CROWNED' 
f TH MARTYRDOME. Some fay that this B;fhop on a time, laying his hand 4 
Ithc head of the Earlcs cldcft fonne, faid unto him. O moft deare fonne, thou and c 
i fathry Jhall both dje en on: duj,anlrrith one hand of death; TET FOR JVSTJCE 6 ' 
.XD TRVTH. Fame reports thatSjmon after his death grew famous by maoy c 
grades, which for fcare of the King came not in publickc. c Thus this Hiftorian, thus € 
hert Grofheai the moft devout and learned Bithop of that age, (who moft ©f any 
tyofed the Popes Vfurpations and cxafrions) determine of the juftice and lawfulneffe 
the Barons Warres; Walter Bifhop oiWorcefter concurring in the fame opinion 
fjth Grofihead. The fame r author Rifiangtr records; that the Earle of Glocefter, a TV/£# 
1 .it fticklcr in thefe warres againft the k ng, with whom at laft he ace :rded; (ignified 
Hht Km? by his Letters Patents under his fea/e, that be would never btare Armes 4- 
Kift : >e King bu Lord^nir a£al.ft hid Sonne Truce Edward, NISI DEFENDO-, 
4oKel* in his Defence: whichthe King and Prince accepting of, clcarcly proves; 
akdefenfive ^rm:s againft Kngor Prince were in that age generally reputed Law- 
nm> by King. Prince, Prelates, Nobles, People. I may likewife adde to this what 
Uead in* Matthew rVeftm'nfter> that Richard Bilhop of Chichefter the day before „ 

kbattlc of Lwis againft K trig Henry and his fonne (who were taken pritonersio^* -'^ 
^ the Barons ani aaooo.of their SouWicrs flainc;) abfohed aIL that vm to fight 1 * ' 



1 

i 



mfl 



2 1 The Law f nine ffe oft he Parliaments neceffarj Defer* five 

agahftt'-e King their Lordjrom all their /innes t Such confidence had he of the good- 
neffc of the caufc and jirtncffe of the warrc. 
In on: word, the* oath of affociation prefcribed by the Barons to the King of Ro* 
«Afir.P*r,p, w^brother to King H'»7thcthird,intbc4}.ycareof his Raigne; He are all mt 
|* x 9 11 - that I Richard EnrleofCornewall, d * herefweare upon the holy Evangelift ?, that Ifbai 
2)^p P 78 ''b e f«*thfuRi and diligent to re forme with you the Kingdome of England , hth rto by H 
' -cmncell of wicked per font overmuch disordered i and be an <jf flu all Coadjutor 7"i 
EXT- E LL THE RE'B E LLS, and dftwbersofthefame. isfnd this Oati 
I will inviolah ob r erve> unier pa ne of lofing all the tands I ;ave in England : So Keif 
m Cjod. Which Oach all the Barrons and their aflbciates tooke, (by vertue wherec 
they cookc up armesagainG: the Kings ill Councillors, and himfclfe when he join< 
with them,) fuffuienrly demanftrates their publickc opinions and judgements < 
thclawfuln:ffe, the Jutneflk of their warres; and of all other ncceffaric defenfiv*^ 
armes, taken up by the Ktngdouies gcnerall aitent for prcfervation of its Lawes,Libciij 
tic?,andfuppreflionofchofe Rebels, and ill Counccllors who fight againft^or laboufc' 
to fubvert them by their policies 
«-TTjflhr# x * n tnc l ^ x ^ yearc °* Kin S H<hrWtbc a d ,this king revokinghis great Mynion Pier: 
Hifi-ArgUy. 6*w/?fl»,ncwlybanifliedby the Parliament iutoir*/**^, and admitting him into aj 
70 tojurpo- great favour as before, contrary to his oath and proorife; the Barrons hereupon ty 
d'sma Seu(h. common confenc fent the King word^ that he Jbonld ba*i/h Piers from his company M 
^1' l ^n 9 *» cordng to his agreement, orel,ethey would certain ly rife up againft him as a perjure 
HJhJh-Grtf.P ff>r / on - Vpon which the King much terrified fuflfers Piers to abjure the Rcalme; wM 
spxiyFab ' returning againc foone after to the Court at Torke; where the king entertained hi«r 
$fo»,ando- the Lords fpiritualland temporally preferve he liberties of the Church a*d Rfa'm 
thecs in his y en t aa honourable mejfage to the King, to deliver Piers into their hands, or banijh him>f< 

d M*m the prefervatio 1 of the peace y Treafure aniweale of the Kinrdome* this wilfullKing dip' 
vuntSiE&t. rues their [■& requeft; whereupon the Lords thus CDntemned and deluded, railed :jtf 
ult vol. 1. p, annv, and march with all fpeede to wards New-Caftlc, NOT TO OFFER Wpi 
4^.^/. IVRlE OR MOLESTATION TO THE KING, but t? appr.hnd Peirs , #f 
judge him according to Law : uomthisth: King fleeth together with Pelrs to Tir 
mMthy&n&irom h :nce to Scarborough Caft'c, where Piers is forced to render htn 
fclfe to the Barrons, who at tVanxic\e Caftle. (without any legall triall by meerc m; 
tiall Law)brheadedhim, as * fubvert or of the Lawes> and ^n OPEN TRAITC 
TO THE KIN^DO WE. For which facls this King afterwards reprehending a 
accufing the Lords in Pa:liiment,in the 7 th yeareofhis Raigne; they ftoutly anfwen 
THAT THEY H \D NOT OFFENDED IN ANY ONE POINT, B 1 
DESERVED HIS ROYALL FAVOVR, for they HAD NOT GVTHiRl 
FORCE AGAINST HIM ( 'though he were in Piers his company , afsi/led, cow. 
nanced % and ftedw'th him) BVT AGAINST THE PVBLICKE ENEMIE <| 
THE REALME: Whereupon there were two afts of oblivion pa(Ted by the A* 
Jf.45. 44: Lords and Commons afembled in th t Parliament \ (Printed in the y 2^ Pdxt of I 

Mag»a Chart a')Th' fir 'J} y tbat noperfon (on the Kings part )Jbould be qutflio'ed, wlM 
fted y impeache /, imp foned % and brought to judgement , for eaufing Pierce to rcturne /■ 
E vile, or harborings councllhg ^r aydinghi n here after his r:tu*ne : The fecond on m 
Birons part, inthefe words : It is provided by the Kitg, a*i by the ^ArchbiJhops y 
fi ps t Ab r JQts % Priors, Earles l B*r*nsaidCom:nrflS)Oft':e Rc*lm* 9 apmblcd accord m 



'in 



Warre, hath in Pointef Law, andCo/tfaence* 23 



our Command) and unanmouflj affemed un* ace or < wfna of what tfiatt or con* 

tt npHVCr he Lc.fjjll in time* t c> me be appealed or ci alien, ed, for the appr e fo> dtng y 
mim/Mf ordeatioj Vcirsdc GaneI1o* t nor foalljor the f~id death be appr bended n r 
nprt(o'ne f, impeached, moltfte-.U nor gri vcd> Mtjudoemtntgw nagbinftkim by us, mr 
f others at onr/mtr, nee attbefmU J an] other, either 1 t Court or itfepben* 

Ijichnlt the Kim i * I c "t to ihe Judges of tU Kings g&cb, < o,m ndtn% that 

is qrant ndcncordp>*li be firme a»d stable i all its points ^ an 1 that every of ihem 
out be held, a- d k c pt *npcrpttuitie\ to * / lib end hecorr.ma? ds tk$m to cafe ths afl 
be thfre inroled, and Ji mely kspt fir tver m A pregnane evidence that the Barons 
king up Amies then againft this Traytor and cnemic of the Realme, in puiluancc of 
mc Ad and lentcnccor Parliament for his baiiiiLment, though the K:rg were in his 
mpany,andaiTiftcdhimanhcmigh',was then both by King and Parliament, ad- 
dged no Trcaibn, nor rebellion at all in point cf La w, but a jult & honorable adicn : 
therefore their taking up Armes is nut mentioned in this Acl: of oblivion, feeing they 
1 held it jult, but their putting Purs to death, without legal! trislJ. which in ftrift- 
sde of Law, could not be juftirud. Now whether this be not the Larliamcr.ts and 
ngdomes prefent cafe in point of Law (who teokeup armes principally at firft, for 
:fcncc of their owac Privilcdges of Parliament, and apprchcntion of dclu quents 
/ho feducing the king withdrew him from the Parliament, and caufed him toraifc 
Army to flicker thcmfelvcs under its power againft the Parliament,) let every 
(enable man determine : and if it be fo, we fee this ancient A el of Parliament re- 
ives it, to be no high Treafon, nor Rebellion, nor offence againft the King} but a 
lit, law fall aft, for the kings, the kingdomes honour and fafety. 
No: 

ifcounccllii 
t th and 1 5 th y cares of his raignc, confederated together, to live and dye for \u filet, cjraf 

their power to deftroy the TRAITORS OF THE REALME, EfpeuaSj speed. B 

?f two Spemfirs : after which they railed an Army, whereof they made 7 hon as Earle inliislifc # 

r Larcafter G^tkxz\\\w& meeting at Sherborne^ they plundcrand deftroy the Spen ers 

flics, Mannors Houles, Friends, Servants, and marching to Saint ssflba-.es with 

infigncs difplavcd, fent Mcffcngers to th* King then at London, admonishing him 

ot >cl ■ rid 'Lis Court but Kingdo ne , fihe T\llTO\S TO THE %£ALME, 

ic Spenfe* s. ('condem..cd by the Commons in mary Articles^ to p-eferve the peace 

f the Ke lm?\ an to gr nt thma^dall thei r fo^owers Lette s Paitent of indemnity y 

'er » t a t t' er hadfrvurly done Which the King a: hrft denied bur afterwards this Ar- 

lie arching up loLondon, where they were received by the City ,hc yetl led toward 

k 1 5 th yeare ofhi Raigne by a fofciall Act cf Parliament die Ivi Spenfi s were 

• he itci amdbanifljed'hc R-alm? ( for mif con > cell ngtb kjig^opp' effing t e p dpi by 

}ice x a viCin^ I -m to Ivte warre upo his Subjects , waging ezill lud^s an I nthfr 

r\)jfi r ers to the hurt of the K-ng and Kiigdonc, (ftp offing the K ngs ea*c and :<fn>' ir.g his 

all uth iijjas ENEMIES of the K njaniOF HIS Pftf/'ZF.-andby an ,ther 

fr^tt of arli n rmnt, it was then provided, r£ u no mxnpjouldb' ejuefi:on <ifo ' any ft»* 

^omsortreffaffes commuted in the profca.tion of Hugh e de p:ntrs the father and 

forme; which Ad 'unncs thus ? ' Whereas ot late many great men of the Rr almc (ur- 

I milcd to Sir Hugh Is Defp nfer the fonne and Father, many mifdemeanors by them 

Tcommittcd againft the cftate of our Lord the King and of his Crowne, and to the 




E diftn 






34 



The Latvfttlmffe of the Parliaments necejfary Defenfivc 

• ■ — ■ ^ 

* difinhcritancc of the great men and deftru&ion of the people , and purfued thofc 
froifdemcanors and attainder of them by force, becaufethey could not be attainted by 
1 proceffeof Law, becaufc that the faid Sir Hughs had accroached to them the royali I 

* power in divers manner : the faid Grandees having mutually bound thcmfelvcs byj| 
'oath in writing, without theadvifcof our Lord the King; and after in purfuing t 
1 faid Hugh and Hugh, and their alics and adherents, the faid great men and others, ti 
c ding with banners difplaicd, having in them the Armes of the king and their ownc; di 
'take and occupie the Chattels, Villages, Mannorsj Lands, Tenements, Goods, an 
f like wife take and imprifonfome of the Kings leige people and others, tooke fomd 

* and flew others, and did many other things, in deftroy ing the faid Hugh and Hugh 
€ and their alies,and others in EngUndftVa/es, and in the Marches, whereof ionic thing 

* may be faid Trcfpaffes,and others felonies : and the faid Hugh and Hugh, in the Par 
? liament of our Lord the King, fommoncd at Weftminfter three wcekes after the Natij 

* vitie of Saint John Baptijl -the gfi yeare of his Raigne, for the faid mifdemeanoi 
J were forejudged andbanifliedtheRealme,by a vote of the Peeres of the Land; a 

* the forefaid great men in the faid Parliament, (hewed to our Lord the King, that t 
'things done in the purluite of the faid Hugh and H*g&,by reafon of {uch caufesof n 

* ceflity, cannot be legally redrefled or pumflied without caufing great trouble, or pet 
« chance warre in the land, which (hall be worfe. and prayed our Lord, that of all a] 
«anc6s,trcfpa{Tes and felonies they might be forever acquitted, for the prcfervati 
« of peace, the avoyding of warre, and affwaging of angers and rancors, and to ma 
« unitie in the land; and that our Lord the King may more intirely have the hearts a 
•Wills of the great men and of his people, to maintaine and defend his Lands, and 

* make warre upon and grieve his enemies. It is accord ed and agreecTin the faid Pad 
^mene by our Lord the King, and by the Prelates, Earles, Bartons, and Commons 
« the Realme there aflembled by command of our Lord the King, that none of what 
« ft ate or condition focver he be for allunce,at what time foever mad^by deed,oath, 
« ting, or in other manner, nor for the taking,occupying,or detainer of Chattels, towi 
« Mannors, Lands, Tenements, and goods taken, imprisoning or ranfoming the Kirlfei/i 
« kige People, or of other homicides, robberies, felonies, or other things which mj 

* be noted as trefpafles or feilonies committed againft the peace of the king by the fai 

* great men, their allies, or adherents in the purfuitc aforefaid, fince the firfr day x 
« March Iaft paft, till the thurfday next after the fcaft of the aflumption of our Ladie, t 
« wit, the i p.-. day of Auguft next enfuing, be appealed, nor challenged, taken nor irri 
« prifoncd, nor grieved, nor drawne into judgement by theKing, nor any other at tl 
« fuite of any other which (hall be in the Kings Court or in any place clfe; but that i 
e fuch trefpafles and Felonies (hall be difcharged by this accord and afTent:favirig al wai 
< to all men, but to the faid Hugh and Hugh, adtion and reafbn to have and recover th« 
« Chattels, Farmes, mannors, Lands, tenements, wards and marriages according i 
e the Lawes and cu%mes ufed in the Realme, without punifhment againft the king, 
« damages recovered againft the party for the time abrefaid. For which end they pr 
« fenbed like wife a Charter of Pardon annexed to this Acl according to the purport 
«it, which every one chat would might fus out, which Charter you may read in c 
« Magna Chant. 

From which Aftof Parliament I (hall otf-rvc rhefd three things. FMr, that t 
thektaking up Armes to apprehend the Svstfrsm enemies to the King and kingdo 

*" 7 " " " ai 



f! 



m 

ik 
m 



Warrc^ both in Point of Law y and l on faience* 3 5 



id marching with banners difplayd, was not then reputed high Irealbn or Rebellion 
;ainll the King, though it were by way of offence, not of defence, -end withont any 
ithority of Parliament : for there is not one word of Treafon or Rebellion in this 
cl, or in the Charter of pardon purfuing it : and if k bad becne high Trcifrn, this 
51 and Charters on it extending onely to FcUo- ic.ind Trefpsjfes not Co Treafons and 
W*//i*«if,W'oRld b r.o: lave pardened t kef: tra>; fee <ident Caftta'I crimes. Secondly, that , ~ r 
c unlaw f u!l outragcs,robbcrie$sand murders committed by the fbuldicrg on the kings ^ ^V 
igc people, and not on tnc two Spenfas the folc delinquents, were the occalion c f 6/.ij, 
us A3 of oblivion and pardon, not the Armed purfuing of them, uhen they had/wf.&ft. 
Dtcen above the reach of Law. Thirdly, that thoughthis were an oftenfive notdc- 
nlwe warre, made without common aflent of Parliament, and many murthcrs,rob» 
:ries,and miidcmeanors committed in the profecution of it upon the kings lcigc pco- 
ie who were no Delinquents; yet being for the common good tofuppreffe and ba- 
-m thefc ill Counsellors, enemies, Traytors to King and Kingdome, the King and 
arliament thought it fuch a publicke fcrvicc as merited a pardon of thefc mifdemca- 
Drs in the carriage ofit, and acquitted all who were parties to it, from all iuites and 
Linimments. All whichconfidcred,isacIearcdcmonftration,that they would have 
rfolvcdourprefcntdcfenfivc warrc, by Authoritic of both Houfes, accompanied 
nth no fuch outrages as thefc*, for the apprchenfion of fuch as have beene voted 
raytorsand Delinquents by Parliament, and ftand out in contempt againft its ju- 
ice,for the defence of the Priviledges and Members of Parliament, the Liberties and 
ropcrtiesofthefubje'jtjthcfundamentalllawesof the Realme, the Protcftant Re- 
gion now indangercd by Papifts up in Armesin England znd Ireland to extirpate it, 
id the removing ill Counfcllors from his Ma jeftic; to be no high Treafon, Rebellion 
' offence ac ail againft the king,but a juft and lawful Aft,thc very mifcarriages wher- 
f in the gcnerall (except in fuch diforderly Souldiers for whommartiall Law hath 
ovided due punillimcnts) defer ve a publike pardon both from King and Kingdoms 
ndtoput this out of Queftion;asnofancieof mincowne, we have an cxprefle Aft 
: Parliament, reviving the taking up of Arrocs by the Queenc, Prince, (both but 
ib/eds and capable of High Treafon in fuch a cafe as well as others)the Nobles and 
eople of the Realme againlt thefc two Spenfers and other ill Counfellors about this 
ing in the laft ye?re of his raignc, (though the King bimfelf were in their Company, 
id taken prifoncr by the Forces rai'cd againft them,) ior the ncceflary prefer vation, 
:licfe,andfafcfyofthe Quecnc, Prince, Nobles, Kmgdome, to btfno high Treafon 
ar offence at al I ; namely, the ftatute of 1 E.$. c. 1. 2, 3. which I (hall recite at large. 
i Whereas H«;6 Spenfer the Father,and Wngh Sferfer the Sonne, late at the mite of The- c 
iM4thenEarlc of L an c aft er and Ley after, and Steward of EngUni, by the common c 
nlTe.it and vote of the Peers ana Commons of the Realme, and by the aflent of c 
llfing E dw W Father ro our Soveraigne Lord the King, that now is, as traitors c 

■ r|C E N £ M I E S OF THE Kl N G , & OF THE KlALMB, WCrc Ex'lcd, dtfiflho- < 

Iced and baniihed out of the Realme for ever. And afterward the lame Vingb by e- < 
JiUCoancidl, which the king had about him, without the aflent of the Peeres and < 
n Commons of the Realrae, came againe into the Realme: and they with other pro - c 
,'. jredthcfaidkingtopurfu;thc faid Earlc of Lancafter y and other great men and c 
topic of the Realme, in which purfuitcthe faid Erie of Lane after and other great c 
fjicnand people of the Realme, were wilfngly dead and difinhcrited, and iomcc 
1 E 2 outlawed, " 



36 1 he Laxvfulncffe ef the Parliaments nectffary Defen five 



•outlawed, banifhed, and difinherited; and fome difinherited and imprifoned, an 

* fo: nc ranfommecianddiflKr iced : and after fuch m'ifchiefc the faid Hugh and Hug 
' Mailer Robert r Bald>cke and Edmmd Earl: of ArundeU ufurped to them the Royal 
« power* fo that the king nothing did, nor would doe, but as the faid Hugh andHa^ 

■ Rol rt and Ed.r.wd Earle of Aruniell did counceU him, were it never fo great wrong; 
'during which usurpation, by durefleand force againft the Will of the Commons, they 
' purchafed Lands, as well by fines levied in the Court of the faii £*fawi,as other wifci 
g and whereas after the death of the faid Earic of Lane after ^ and other great men, 
e our Sovcraigne Lord the King that now is, and Dame Ifabel Queene ot Engl^nd^ 
1 his Mother, by the Kings will and Common Counccll of the Realme, went over to 

■ Er*ee, to treate of peace betwecne the two Realmcs of JEngland and Trance y upon 

* certaine debates then moved. The faid Hughgnd Hugh, Robert and Edmmd Earlc 
« of ArundeU continuing in their mifchiefe, encouraged the king againft our Sovcraignt 
« Lord the king that now is, his fonnc, and the faid Queene his wile, and by royall po 

< wcr which they had to them encroached, as afore is faid, procured fo much grievance 

< bj the iijfe-tt of the fed Kin? Sdwfsd, to our Sovefaignc Lord the King that now ir, 
c and the Queene his mother, being in fo great jeopardy of themfelves in a ftrangc 
*C,Qumxy>andfee;ngtkeDeHr;.H;in< Dammage, OppreJpQxs s And DijlraElions whtch 

< toirt mmeupj done m the Realme of En Ja id, upon holy Church, Prelates, Earles Ba, 
« sons, and other great men, and the Commonalty by the faid Hugh and Hugh, Robert 
i and Edmwd Earl* of AruudeHby the encroaching of the faid royall power to tbcm 5 
cto take as g )od Counccll therein as they might. And feeing they might not rewedie the 
< fame unleffe they came wto EngUnd t mth an Army of men of warren and by the Grace 
«of Goi ^ithfuthruiflancc, and with thehelpe of great men and Commons of the 

< Realme, they have vanquished and deuroyed the fayd Httgh and Hugh, Rgbert and 
tEdvondi Wherefore our S over aignc Lord King Edward that now is> athisParlia- 
6 merit holden at JVeftmiufter , at the time of his Coronation, the morrow after Candle* 
t ma f in the firftyeare of his reignc, upon certaine Petitions and rcqudh made untc 
c him tntht Uid Parliament upon fuch Articles above rehear fed, by the common ccun 
, ccllof the Prelates, fearleSj Barons, and other great men, andbythe Commonalty or 
f theRe^lnie, there being by his Commandment, hatb provide^ ordained and f:abli 
c {h;d in forme following. Firft, that n>grea: man^or other of what eflfate, dignity^ oi 
f condith;v'ye be, that cams with the iiid king that now is, and with the Queene hi 
^mother into the Realme of Engfund^nd none other dwelling mEvgld* U who cam 

mI . 4 with the faid king that now is, and with the Queene, In ajds of th-m to yurfue thei 

t faii enemies , in which purfuite the King hU Eat 'er wat taken and put In ward, *'-d y 

rtmainethinward i fha f ln9tbemoleIlea impeached or gnevedin per/on cr gads, in tb 

c kings Court, or ether Court, for the purfui:e of the faid kin tar.: . ith holdrn 

c or his body, nor purfirite of any other, nor taking of their perf^ns, good?, nor death ( 

c any man, or any ether things perpetrate or committed in the faiJ purfukc, from tr 

c day the faid king and Queene did arme, till the day of the C3ronatioa of the fan: 

Mng: and it is not the kings minde, that fach offenders that committed any trefpaf 

/>r other offence out or the pumices nV/uM-goe qiit, or have advantage of .this fi 

,tutc, but they (hall be at their anfwerc for :he f :me afcthc Law. Item, that the repca 

'.''the faid Exile which was made by Dures and rcrce be adnnlicd for evermore, ai 

ud Exile made by award cUhePceresand Commons, by the kings sflentasb 






W#Tt % both in Point of Law, andConfcic 37 

fore is laid, (hail (land in his flrength in all points, after the tenure of every partial) 
therein contained. Item, that the Executors of the Tclbment of all thofe that were* 
of the fame quarrcll dead Hull haveacrions and recover the Goods and Chattels oi c 
them, being of the (aid quarrell, whofe executers they bej as they of she lame quarrcll ■ 
fhonld,&:c. 

Ccrtainely here was an higher purfuiteand levying v.arrc againft: tb« King and his 
cvill Councilors, then any yet attempted by this Parliament; and a warrc rather ot- 
fcnilvc, then defensive. in which the king himfclt was bo', b taken tnddet&itied Prifo*ur y 
and then forced to rcfignc his Crovvnc to hisfonnc; yet this is here jufhtied,** ane- 
ceffaryjuft andU-vfxll warrc bj an Aft of Parliament, never yet repealed; an:} all that 
bare Armcs ag irjft the king and his ill Counceilors, yea they who purfucd, appi - 
hended, and imprifoned the king himfclfc,are, as to this pirticular, dilcharged by the 

g, and whole Parliament from all manner of guile, of punifhment, or profecution 
whatfoever againft them. Which confederation makes me (omewhat confident^ that, 
this King and the Parliament held in the 25. yearc of his Raigne.oO. 2. wHch dec/ares 
I b Treafon y to lev it w trreagawfttbe King in his %ealm? y did never intend it of a 
needfary defensive warrc againft a [educed King and his evill Councilors fefpecially 
by the Votes of both Houfesof Parliament, who dcubtlcfle would never pafTc any 
A&tornaketh:mfclves, or their PoQeritiein fucceedirg Parliaments, Traytors, for 
taking up mcerc ncceiTary defendve Armes for their ownc, and the Kingdomes pre- 
fcrvation}for that had becne diamctraly contrary to this fiatute, made in the very ririt 
ycareand Parliament of ihisKin?:; and.wouldhavekydanafpcrtionof High Treafoo 
upon the king himielf, :be Qucene his Muther, their own Fathers,and many of them- 
felvesjwhothustooxcupArmesaadmadcadefenfivekindeof warre upon Xing Ed* 
the 2 1 , taking him pri(on:r: but onely to Rebellious infurredions , of private" 
pftfons,withont any publick authority of Parliaments the whole Kingdomc in gene- 
ral!; and of metre effenfive warres againft the King without any juft occafion, hoftili- 
tic or violence on the Kings parr, neceflitating them to take up defenfive Armes : 
which I humbly labour to the judgement of thofe grand Rabbics and Sages bf tftd 
Law, and the Honorable Houfesof Parliament, who arched able tordblvc, and arc 
the onely IuJ^es to tlc^ermi'ie this point in controverfie, by the cxprc(Te letter andpra- 
vifionof 25. Ed. i.eb. 2. of TrcafonS. 

In the c tirft yeare of king Richardibe i*John Mercer a Scot, with a Navic of Spa ■ n 
nsfi, Scottish & French iliips much infefted the Marchants and Coafts of Etrtandxfr **$*•* 
king many pnfes without any ctxc taken by the king, Lords, or Counceli to remlrhcrr.py "*j" 
Whereupon Iobn Phi/pet a rich Merchant of Zwi^jj, diligently confidcring the defcdV 
tha: I fay not treachery of the Z>»% ef Lancrferfaid other Lore's who ought to defend 
m the . , and grieving to fee the oppreffions of the people, did at his proper charge ' 




1 



ties he had gained frorathe £*£/>#: whereat all the^eopie rcjoyced exc; . 
Jmnocnding and extolling Phi/pot for the great love he {hewed to his Countrey, and 
outfom-reprcachfull words againft the Nobles and Kings counceli who had 
"he rule of the kingdoms and neglected its defence : Whereupon the Mobility, Earies 
TOBaron^\rfthcRealme, confeious of this their negligence, and envying P 

E 3 



3 8 The LAwfdmjfe of the Parliaments necejfary Ve fen five 



for this his Noble praife-worthy action, began not oncly fecrctly to lay fnares for him 
but openly to reproach him, faying: That it was not lawfull for him todoe fuch thing 
Without the advife or co»* ell of the King and Kingdome: quafi non licuijfet fane/ace* 
RegiVEL%EGNOfitteconfilio Comitum & Baronum: (writes Walfingham) as / 
it were not lawful I to doe good to the King or Kingdome, without the advife of the Earlc, 
and Barrens, or. Lords of the Privie C ounce U, To whom ob/ccling thefe things, an 
efpcciai!yto#//g6£4r/<? 0/<SVrf/mi, who was the chiefe Prolocutor and fpake mo 
againft it, lohn Thilpot gave this anf were : c Know for certaine, that I have defiinate 
€ rny money, (hips, and men to lea to this end, not that I might deprive you of the goo< 
i nameand honour of y out Militia > or warlike actons, and engrolTe it to my feife, bui 
c pittying the mifcry of my Nation and Country, which now by your fbathfulneflc, o 
c a mod Noble kingdome, and Lady of Nations, is devolved intofo great rnifcry, tha 
c it lyeth open to the pillage of every one of the vileft Nations, feeing there is jione o 
« you, who will put your hand to its defence. Ih*ve expofedme and mine therefore fa 
t the Salvation of mj proper Nation, and freeing of my Country \ To which the Earl 
\ and others had not a word to reply. From this memorable hiftory and difcourf, 
k (which I have tranflated verbatim out of Wat (Ingham,) I conccive.it moft evident, 
that in the default of king and Nobles,it is lawful! for the Commons and every parti- 
cular tub j eft without any Commiffion from the king or his Councell, in times of imi- 
nent danger, to take up Armcs and raife Forces by Sea or Land to defend the king 
and his Native Country againft invading enemies; as Philpot did, without offence or 
crime. Then much more may the Houfes of Parliament, the reprefentative body of 
the whole kingdome, and all private Subjcfts by their Command, take up ncccflary 
defenflve Armea againft the kings Popifh and Malignant Forces to prefervc the king lfcl 
Kingdome, Parliament, People from fpoyle,and ruine. 
flVal[in.hi({. In c the 8. yeare of King Richard the 2<*. there arofe a great difference beCweenc the ^ 
\41gltMU Duke of Lane after ,& the king & his young compliccs,who confpired the Dukes death; ^ 
agreeing fodainciy to arreft and arraigne him before Robert Triftlian Chicfc Juftice f |}|." 
who boldly promifed to paffe fentence againft him, according to the quality of thefts 
crimes objected to him. Vpon this the Duke having private intelligence oftfce.'r trea-lf" 
chery, to provide for his ownc fafety, wifely withdrew himfclfe, and poftcd to hhl: ' 
Caftlcat Ponfraclyfhring it with Armes a*d VittuaUs. Hereupon not onely a privatcl ;i 
but publicke difcord was like to enf ue; butby the great mediation and paines of/*0il" : " 
the kings mother, an accord and peace was made bet weene them ; and this defence oil 3 " 1 
the Duke by fortifying his Caftle with Armcs againft the King and his ill inftrumcnrsl;^ 
for his ownc juft prefervation,held no crime. If fuch a defence then were held jufll^ 
and lawful! in one particular Subject and Peere of the land oncly, much more muftiil- 
befo in both Houfes of Parliament, and the Kingdome, in cafe the Kings Force!! z 
invade them. BoTr 

p fP A lfa- In the c 1 o rh yeare of King Richard the fee oni this unconftant king being infhgatecl ;iw 

Hift.j£ti£?. by OHichaelde la Pole, Robert Vcere Dake of Ireland, Alexin ier Ntvill Archbificp oM^ 
5 ?8, to 167. York** Robert Try fi Han, and other ill Councellors and Tray tors to the kingdomejCndca-w 1 ^ 
Poljrc. Fab. vourcd to fciz e upon the D uTe of Ghee ft r t the E *r!es of Arundel l> Warwick^, D rbym '?'' 
hiornH™^' Not^&am, and others who were faithfull to the kingdome, and to pat them to death B^ 
Tru/ni iiTfo! having caufed them firft to be indented of High Treafonat Nottingham Cable, ancM^i 
&i 1 r.x.i'i hired .many Souldicrstjfurprife them; Hereupon thefe Lords for tiicir ownejufl^ 
4, Vc.i«to7« defenccB?^ 



m 

ft 

U 
Ik 



IVarre^ h&th in Feint of Law, and Cenfiience. ^p 



defence, raifed Forces and met at Huryr.ggje Parke with a numerous Army : whereat 
rhc King being much pcrplexcd,adviied what was bed for him to do.Thc JrMifiep of 
[for kea>.d others of hu ill CotinceU^ advijeh. him to gec forth and give them batt!e\ but 
bid wife/l councilors di/fwaded him, Affirming, that the Kmgfjould gaine no benefit if hee 
Ivanqui/Ijedthcm, and fljOH-'dfuftAi^e great Utfionour andlo/fe if he were conquered by them* 
In the rncanc time Hugh Linne an old Souldier, who bad loll his fenfes, and was rep u. 
ted a foolc,comraing in to the Counccll, the King demanded of him in felt, rhit hee 
fyould doe ag4nft the Nobles met together tnthefaid Parke f who anfwered; Let us 
rot forth and a/fault th:m> and fay every mothers fonne of thm t and by the eyes of God % 
\his being fini/hedy THOV HAST SLAINE ALL THE FAITHFVLL 
FRIENDS THOV HAST IN THE KINGDOME. Which anfwere, 
though uttered foolifhly ; yet wife men did raoft of all confidcr. At Iaft is was refoived 
>y the mediators of Peace, that the Lords fhould mcete the King at iVeflminfler , and 
here receive an anfwere to the things for which they tooke Armes; thither they came 
Irongly Armed with a great guard, for f care of ambufcadoes to intrap them: where 
I'he Chaunccll our in the Kings name fpakc thus to them. My Lords* our Lord the King 
heaping that you were lately ftffembledat Harenggye Parke in an unvj nail manner; would 
\iot rufh upon you as h' m x ght have cafdy done, had he net had care of yon, and ihofe whs 
herewith you: becaufe no man can doubt, tf he had raifed an *s4rmy % he would have 
ad many more men thaiyouy and perchance much Hood of men had beene fpi/t.w' ich the 
K,ing do'h mofi of all abhorre, and therefore a /fuming to himfelfe patience andmi!dneffe y he 
ath n.adechojceto convent you pec ceably^and to tell him the reafon why you have a/f;m- 
led fo many men. To which the Lords anfwered, That THET HAD OHET 
r OGSTHER FOR THE GOOD OF THE KING tslND K IN q DO ME; 
AND THAT THtT MIGHT PVLL tAwAT THOSE TRAITORS 
-ROM HIM, WHICH HE CONTINVALL7 DETAINED kVlTH HIM. 
W~?e Tray tors they appealed were the fcrefaidill Conncellors^ani Nicholas Brambre the 
tlfe London Knight: a*dto prove this appea'e of them irne^cafing dew 2 their gloves they 
aid they would profecute it by DuellxXhc King anfwcred;7"^yW/«^ be done niw. bat in 
he next Parliament, wl ich we appoint to be the morrow after the Purif cation oftlx b > - 
ed Vtrgin % to which as well you ai they commi**g y /ball receive fat is fatlion in all things 
ccordmg to Larr. Tne 1 ords for their owne fafcty kept together till the Parliament, 
nd in the meanc time d feared the Eorces of the Duke of Ireland \ raifed privately by 
K Kings Command to furprifc thcm.Thc Parliament comming on in the 1 i.ycare o£ 
Xghard the fecond ; thefe ill councilors were therein, by fpeciall Ads attainted, 
ondrmnedof High Treafon, and fomeof them executed; and thefe defenfive Armes 
( ( f the Lords, for their owne and the Kingdomcs fafety, ad/udged and declared to be 
oTrcafon : b'tt a thing done to the honour of Qod, ani Salvatton of the King avd hi* 
\ealm • witneffe the cxprctfe word* of the Printed Aft of n R. 2.0 1. "which I 
ill trail f crib e. Our Soveraignc Lord the Kingamongft other Petitions and rcqucfts 
rim made by the Commons of his (aid Realme in :hc faid Parliament, hath rccei* 
ione Peticionin the forme following. The Commons prayed, that whereas the 
J id Parliament for caufc of the great and horrible mifchicfes and pcrills which ano- 
ther time were fallen BY EV1LL GOVERNANCE WHICH WAS ABOVT 
^ HE KINGS PERSON, by alibis time before by tAlexwler late Archbifhop 
; i Xcrke^Robirt de Veere late Duke of Irclavd 7 MichAcldch Pole late Earlc of Suffolk^ 

Ret 






4-0 The Lawfulneffe of the Parliaments neceffary Defenfive 

6 Robert Trififtanhtc ulhce,and Nicholas B «r*bre Kii'ght, with other their adherent* 
c and others, Whereby the King a* d a' I ht* Realms , were Very nigh to have beene whom 
€ undone anddejhoy/d, andioi this caufc, and locfchew luch perils and mifchiefes foi 
f the time to cornea certaine ftatute was madein the fame Parliament, with a Commit 
c fion ta diverie Lords,for the wcale,honour and fafeguard or the King, his regfilty and 
c of ail the Rcalme,thc tenour of Wiiich Commiflion hereafter f oliowcth : Richard, &c 

* as in the A&. And thereupon the faid Alexander, Robert , Mightily Robert , ano Nh 

* cholas and their faid adherents,fceing that their faid eviil governance (hould be percei- 

* ved,and they by the fa ne caufe more likely to be punifhed 6y good juftice to bedonej 
' and al(o their cvill decdes and pnrpofrs before ufed to be difturbed by the fayd Lords! 

* afligncd by commiflion as aforc;made,confpired,&parpofcd divers horrible Treafons f 

8 and evils againft the King,ana the faid Loras f > affigncd,and againlt all thcothcr Lords) 
1 and Commons, which wereaffenting to the making of the faid Ordinance and Com*! \ 
'miffion, in deftru&ion of the king, his Realty, and all his Realme. Whereupon \ 
c Thomas Duke of Glocefler the king- Vncle, Richard Earlc of Arnndle, and 7 homos , 
c Earleo^ Wernicke, percetrjing tfje efotll purpofeof t&e fagD SCragtcrs, ato aflembU , 

* tbenifelto8 in forcible manner fo^tbefafetp of tljeir perform to fhew and declare the c 
€ faid Trcafonsand evill purpo'es, and thereof to fct rcmedic; as <£>0D fcuoulD, and ^ 
'came to the Kings pretence, affirming againit the £rid $. Traytors appealed of Higi y 

* Treafon, by them done to tht King, and to his* Rcalrne : up m which appcale the kin* J, 
c our Soveraigne Lord, adjourned rhelaid parties till this prefer* Parliament , and die «, 
€ take them into his fafe prote&ion, as in the record made upon the f ame appcale t ullJ 3 jj 
'appearetb. And afterwards in gre^t Rebellion, and againft the faid protection, tfo'h// 
c faid Traytors, with their (aid adherents and others aforef aid, continuing their evil We ' 
c purpofe, fome ot them afiembled a great power (by letters and Commiflion from tb 
' King himfellc&sfValJivgham and others write) to have /icltroycd the (aid Dukeanr 
c Earics appellants, and othcrthekings lawfuii Icige people, and to accomplifti the 
' Treafons and evill purpofes aforciaid . Wbc reupon the faid Duke of Glocefier, Hew 
1 Earle of Darby, the fayd Earles of <tArnndell and Wa Y ysicke y zn& Thomas Sarle Ma\ 
l fhdl, feefag tbe open HDeftructtcn of trje ferns arto all bis ftcalme, if tbe fafb still pal ^ 
*pofeD£Lratfo^ani5t& tcaOijcvcnt0, toere not mffttrbeft, tootcb mtgbf not oti)crlxitl p^ 

* fcibc beeni\&an^fcu£ toiti) drongbanD; fo; tbe tucale an& fafeguard of Vcjt fttng oil qd| 
'^oberatgnciloa^nnb of all bisHcaime^toaffembletbemfo^ctb^.anDroDeanDptlfe 
'ftteotillf&eg baDOtliurbeDfbefaiDpoUiergatbnxDb^tljefatD SDrapto^, arts tljnral/i^ 
'rjeroitg aforcfaid, which five Traytors be attainted this prefent Parliament of tl;^ 
'Treafons andevillsaforefaid. at the fuitcan.d appeals of the faid Duke of Gloce/?eWt Tt 
€ £a"lrs or? Darbjr, Arundle, Wawir kf 9 and Marjbalt. That it would pleafe ourredoul ■■■>-, 
'led Soveraigne Lord the King to accept, approve, afdafjirme, in this prefent Pa-1 1 

c ment $ all that was done in the lad as afore, and ss much -s hath bcene done fince tlft ^ 
c laft Parliament by force of the ftatute, Ordinance, or Commiflion aforefaid; and a I k| G 

* All that the (aid Dukeof G'oc fterEa ^sofAmx el'andfV rwwh did; and thatiB^ : 
' fame Duke and Earles, and the faid Earlc t of Derby, and M arfhall or any of them dl ^ 
f Or any other of their company or of their aydc, or of their adherents, or of am/1 ^l 
4 them, or touching the AtTemblies, Ridings , A ^peales, and Purfuites afbretfl fe 
'* As a thing m^dsto the Hononr of Ooi, Salvation of the King, maintenance t/lort, 
* Cr8WM. 9 *nd*lfo of ths Salvation of all his Regime ("therefore do ubtlcffc nqTrealifc* 



Di 



Warre^ bub in Point of Lajp ) and Confcicnce. 4 1 



Rebellion, nor any effcnee in point ot Law;J anialfoto Or a^e **>d St*Mtfi } t at u 
the (aid Duke of Gl c ft r,Rarlcs cA Darby, A unacllj ^and /I/ >/£.*//, nor nunc * 

of them, nor none of luc'i as have bceneof their returns, or company, fo'cc,a\deor< 
counccll,or any of them in the things aforciiid, nor none other pcrfon for anything 
ifbrcfaid fhall be impeached, mold ted, or griCfcd at the fuftcof the kin£,nor of u 
party,nor in other manner, becaule or any alT:mbly,riding,beating,levying or Pcnon 
or of Banncrs/iircomfiture.deacho^amanjimpriioi.mcntofany pcr(on,taking,leading 
away, or detinue of anyhorles or of any other bealts, taking or carrhgc of goo d 
harnc >W; cattle, and other movable goods, breaking of houfes, or of other v 

pjiTv-nion.cr goods, alTault, battery, robberies, thefts, comming or tarrying with • 
force and armrs, orarmc&m trjG &mgs picfcnccat fije parliament, o»<IounccU, ojc 
clfc teljerc. KdgSitg of people, c; crating trje people to rife fc:ciblp agamft tljc. 
pCOCC by letters, CGmuuHtonS, OJ my 0t()cr Dec&S, or of any other thing that may Q 
bcfurmiledby thcm,orany of them,oroNghtor pur po fed to have bcene done from 
the beginning of the world, touching any of the (aid matters before the end of this 
profent Parliament by any imagination, interpretation, or other colour, but (hall bec c 
quit and dilcharged for ever : except that the King be anfwered of all the goods, and c 
cattels that were to them which be attainted in this prefent Parliament, or to any of 1 
them, and which goods and things were taken by any pcrfonthe flrft day of January t 
laft paft,or after hitherto. We considering the matter of the faid Petition to be true, and c 
the rtqueft; of the faid Commons in this party * to betotlje JonOHC of <2oD, anD the * m^ * 
p:ofit Of UBartt) our Keaime, of the aflent of the Prelates, Dukes, Earlcs, Barror s and ' 
allothersof this prefent Parliament, Doc garnttte rcqueflte of tyc fatD Common* tn c 
all points, after the forme of the faid Petition. And moreover of the affent aforefayd, « 
We will and grant for the greater quietnefTc of our (aid llealme, though that the faid c 
Duke or Earlcs appellants, or any other of their company, retinue, force, ayde, coun- - 
cell or adherents, or any of them have taken, led away, or withholdcn any of our 
lu(ticcrs,orany other of our miniftcrs, in difturbance of execution of the Law of our ? 
Realms of E»g!aid l or in other manner, or that they have taken any manner of per- c 
f m as Eraitfl^JS to Us 0; to our HealniC, or other pcrfon, and the fame have volunta- < 
rily fttfF-ted to g ^c at large.or cfcape beyond the lea from the 1 4 th day of Novemb. la!t t 
part, till the end of this prefmt Parliament; that they nor any of them be for this c 
jcaufe impeached, molcfted, nor grieved any manner of way at the iuite of us, our 
(beires,nor none other party, dut thereof they fliali be quit, and dilcharged for ever; c 
tnor that they nor any of them b: in any wife moieltcd, grieved, nor impeached at the * 
fuitc sf us, our heircs, or other party for any thing done at any time for to a tainc to f $ 
Jthcirpu^pofeagainflthefaH appealers or any of them, or againft any other perfon /^«H 
for t'Ms csufe, nor f jr any oth.r thing or deed to aiirmc the fame purpoies, till the end Graft- fpttS, 
(of this prefent Parliament but thereof fhali be acqaktcd. $toar y Tn£~tii t 

This Ad with ethers made the fame Parliament continued inviolable without difpute-"" 2I -* **& 
s for 10 yeers foace, during vv ch there w:re 8. more Parliament* held w* approved it: \\^ c ^ 
; imt in 2 1 /t.i.the King having • violently feifed upon the Duke of Gloceftcr&c theEarlcs cfycdaiJj ca! 
4 c&fVdrytx'te and Arundelly and packed a Parliament to his minde, by not fummoning 10. will ma- 




f L *1cgilly attainted of Treafonupon rained prerenccs,QUt of this old giudge, and thtvesdcieifl 
F A&smayfottlhr« 



^ i The Larvfulneffe oft be Parliaments ntceffarj De fen five 



Awtsof this Parliament to be reverted; yet not this Acl, as I conceive, which is part of 
it,teing Specially laved by 2 .1. R.i- c, 1 3, Bat however by the ftatute of 1 #,4^,3, 4, 
the Parliament of zi. wjw wholly repealed, rerafed, revoked, voyded, undone 
and annllcd for ever, with all the Acls,circumftanccs, and dependants thereof: and 
this Parliament of n. R. 2. Enabled to be firtnety holden and kept after the purport and 

effettoftbefare; u$ a fgjuts maoe foj tije great pulwar ano common profit of ttjc 

Realms, and ch. 5. It is ordained and affented, that the Lords and other which were 

« forejudged in the Parliament holden the faid 2 1. yeare, or by Authority of the fame, 

c which now be in life, and the hcires of the Lords and others that be dead, (hall be 

* wholly reftitutc and reltored to their names, all manner of inheritaments and poflef- 
^fionsjrevcriionsjfecs.rcvcrfions, offices, liberties, and francbifes as intircly as the faid 
« Lordsand others which be in lile, or the Lords and other which be dead, anceftors of 

* the heirss, or the feoffees of the faid Lords or other aforefaid, or other feoffees to 
c their ufe, were at the time of the judgement given againft them,the faid 2 1 yeare, by 
« entric, without other fuite thereof to be made, or livery to be had of the lame. And 
« all the goods and chattels which were the faid Lords, or the other perfons aforefaid ( fo 
^forejudged, whereof the king is not anfwered, and be in the bands of the Shcriftes, 
« Efcheators, or other Officers, Miniftcrs,or any other and concealed by them, the king, 

* wills and granteth, that thefame Lords and other which now be in life, and the Exe- 
«cutors*anaUdminiftratorsofthern that be dead ;(hall have thereof delivery andrefti- 
< tution; and that th§ ShcrifTes, Efcheators, Officers and Miniltcrs fo occupying the 
« faid goods and chattels by fuch concealment, bee punifhed for the fame con- 
« cealement. 

. So that by the expreffe refolution of thefc twofeverall Parliaments, thefe Lords 
and Commons taking up defenfive Armes and making war againft thofc wicked Coun- 
cellours of this King which fought their ran^and endeavoured the deftru&ion of the - 
Realrnef 'though they had the kings prefence and commifllons to countenance all thein 
afbons and proceedings of this nature, and the Lords wanted the Ordinances of both 
houicsto authorize this their arming, and war) was foLmnely declared and adjudg* 
e4 to be noTreaibn nor Rebellion at all, nor levying of warre againft the king j-wi:h-*j 
in the statute of 2 5 . E* 3 , but contrary w ife,- a thing dene to the honour of God, the Sal A 
vationof 'the Kmg > (for if the KingdomepcrifLor mifcarry, the king as king mufH 
needs perifli with it) the maintenance of his *>*»**,. (T l, PP ort ^ onclyby the main- 
tenance of the kingdomes welfare) and the Salvation and cemwen profit ofaS the Realm: 
and this being one of the firrt folemne judgements (if not the very flrft) given in Par 
liament after the making of the ftatutcof 25: E. 3. which hath relation toits claufe 
levying war r muft certainely be the bed expofition of that Law : which the Parliament! 
onely ought to interpret, as is evident by the fiatute of 1 1 . R. 1 o 3 . (// is ordain* 
and fiablijhed, that ever) man whic '", &c.or he thit rafeth the people and rifeth 'train 
the King to m«k$rparre within his Reafr/e\ and of t'b*t be duly attainted and judged \\ 
t[jC parliament fia'l be 'ji/dged as a Tray tor of High Treafon agrinft tie Crowne 9 ) and. 
other forecited Ads : and if this were no Treafon, nor Rebellion, nor Trcfpafle in 
the Barons againft the kingorkingdomc; but a warre for the honour of God, the falJ 
0$on of theking^ the maintenance of his Crov?ne y the'fafayand common profit of n tithe 
Reafaq much more muft oar Parliaments prefent def enfive warre againft his Majefties 
aW Councilors , Papifts 3 Maiignants 5 Delinquents^ and men of defoerate fortunes? rifen 



pi 
p 

ii 



Warrc t both in Point of Law, and '^onfacnce. 43 

up in Arracs againlt the Parliament, Lawes, Religion, Liucuie<,the w: jdomcs 

peace and welrare.be fo too 5 being backed with the very fame, and farrc better, 
greater authority, and more publikc rcafors then their warre was, in which the 
iafety of Religion was ne great ingredient, nor the prcfei vaticn of a Parliament from 
a forced diiTolution, though eftabtifhed and perpetuated b a Latv. 

King Henry the 4 c!i . taking up Arraesagainit King Richard, and earning him to be 
Articled a-ainO, and judicially depohed in and by Parliament for bis Male-adtni 
irtation; It was Enaftcd by the Statute of 1 Hen 4. csp. 2. That no Lcrdi>pir tuall nor 
Temporall nor other, of what eft ate or condition that he be } which c> me wnh King Henry 
into the Realme of England ,'■ or none other perfons whatfoever thej be, then dwelling with- 
in th? ante Retime , and nhkh ctme to this King m aide o\ him , to pnrfue them 
h were againft the Kt*{s good intent , a*d 1^ COMMON P R O F I J 
OF THE REALM E, imvhich pnrfuite Richard late King of Enghnd, the 
fecond after the Conqttej}, was purfued ta^enand put in Ward, and jet remameth in 
Ward, be impeached, g tend, nor vexed in perfon, nor i* goods, in the Kittgs Conrr, 
nor in none other fihrt,for the purfuites of the faid King , taking and ruth -holding 
of hit body, nor for tie pttrfmts of any other, taking of perfons and cat tells, or of the 
death of a man, or an) other thing done in the faid purfuite, from the day of the /aid 
King that now is arived, till the day of the Coronation -/ Our faid Sovcra'gne Lord 
Henry. Andthe intent of the King u not, that offenders which committed Trefpaffes, 
cr other offences ent of the faid pur f nits, without jpcciall warrant, Jhould be aydd } n*r 
have any advantage of this Statute, but that the) be thereof anfwerable at the Law. 
If thofc then who in this orYenlive Warrc affifted Henry the % h . to apprehend, and 
depofe this perfidious, opprcfling tyrannicall king, feducedby evil! Counlellors and 
his owne innate d if- affeftion to his natural! people, delcrved fuch an immu- 
nity of perfons and goods, from all kinds of penalties, becauie chough it tended to this 
ill kings depofition , yet it\ their intentions ic was really for the common profit 
of the %eglms, as this Act defines it. No doubt this prefent defenfive Warrc a- 
loneagainftPapiftsjDclinqnents, and cvill Counfcllors,( who have mifera'jly waited, 4 Scc 
ipoilcd, facked many places of the Realms, and fired others in a mod: barbarous ric Jr ' 
maner, * contrary to the Law of Armes and Nations, and labour to fubvert Reiigi- de jure 
on,Laws,Libertics,Parliaments,and make the Realm a common Prey) without any ill lib, . c .;> 1 1. 
intention againft his Ma jefties Perfon, or lawfull Royall Authority, deferves a grea- l0tZL - 2 " 2 * 
tcr immunity ; and can in no reafonable mans judgement, be interpreted any Trea- 
son, or Rebellion againft the king, or his Crownc, in Law or Confciencc. 

In P the 33. yearc of king H.r.ry the 6^. (a weake Prince wholly r_;ui;edby - , 
the Quccne and Duke of Sonerfet, whoruhd all things at their wills, uudcr w' ol 
Government, thegrcatefr part of France was loll ;) all things went to ruine bo;h 6i8.Hu//. 52. 
abroad and at home ; and the Quecne (much againlt the Lords and Peoples mindes) & n h 6 t. 
preferring the Duke of Sommcrfet to the Captsininipof Calico, the Commons and *?J; ', 
Nobility were greatly cfTendcd thereat, faying, That he had loft Nonmndy, asUf* ££[ s 
would hf do? Calicc. Hereupon the D vke of Torl^, the Eatles of Warwiche a'd Salij- 1, 
biry, with other their adherents, raifed an Army in the Marches of Wales, and Mar- 
ched with it towards London, to fupprcfle the Duke of Sommerfet with his Fa&ion, 
landrcformc the Govcrnement. The king being credibly informed hercor,aiTembkd 
[his Hoft, and marching towards the Duke ofTorJ^e^nd his Forces, was encountrcd 

V z by 



4+ 



The LawfulneQe of the Parliaments necefary Defenfive 



by them at Saint vitt**es, notwithstanding the kings Proclamation to kcepc ftc 
Peace ; where in a fee BatteIl,thcZ>*% of Somerfet, with divers Earles, and 8000. 
others were flainc on the king, part, by the Duke ofYerke, and his companions, and 
the kinginamanner defeated. The Dukeafter this Victory obtained, remcrnbring . 
that he had oftentimes declared and publifhed abroad ; The or.elycavfe of this War to 
be THE ADVANCEMENT OF THE TVBLIKE WEALE* 
«*d TO SET THE REALME IN A CMORE COMMO. 
DIOVS STATE and BETTER fO NT) ITION; Vfing all lenity, 
mcrcy,andbounce0ufneffc, would not once touch or apprehend the body of King 
Henry, whom he might have flaine ? and utterly destroyed, confidering that heehad 
him in his Ward, and Governance; but with great honour and due reverence, con- 
veyed him to London 1 and foto Weftminfter: where a Parliament being fummo- 
nedandaffemblcd foone after- It was therein Enaded, That no per/on Jhould either 
judge or report any pint of untruth of the Duke of Yorke, the Eagles of Salisbury and 
Warwickc, jfo$ commmg in TE&arlifce manner agamft trje fting *t Saint AN 

banes, Conffomng that their attempt and enterprife , tKBa0 Onel£ tO (tC tyz &in%& 

^crfon in feafeguarD ar*& &ure-fceepmg, ana to pat arts alien from ^im tljepub* 

UUe £Dpp?effo^0 Of t^e Common tuealtft ; by "hofe mifgovemance, his life might be 
in hazard, and his sAmhortty hang on a very [mall Thred, After this, the k Duke, 
bHtftf, ^r^/r. an j thele Earks raifed another Army, for like purpofe, and their owne defence in 
f »*H«}i»^S thc *7 and 38 ycarcsof ff.tf.for which they were aftcrwards,by a packed Parliament 
'Tow* speed at Cov entree ^ by their Enemies procurement, "Attainted of high Treafon,anlthelr 
jmolil*. Lands and Goods eonfifcated. But in the Parliament of 59. H. 6. cap. i» The faid' 
& 39 & 6. attainder, Parliament, with all A& s and Statutes therein made, were wholly %?ver- 
fed Repealed, annulled-, as being made by the excitation and procurement of [editions. 
illdifyofedP trfons ,for the accompUJhment of their owne 'Rancor atid Covetoufneffefhat 
they might injoy the Lands, Offices* Poffefpint^ and Goods of the lnw c ull Lords and liege. 
People of the King ; and that they mhht finally dtfiroy the faid lav full Lords, an A 
Lit \ie People, and their Jffuesa-d Heires forever (as now the Kings ill Councilors ,". 
and hungry Cavaliers* feck to deftroy the Kings faithful! \Xz%z Lords and. People,*, 
t -at they may gaine their Landsand States;- witnerre the lite intercspced'L^ter of Sir. 
lo'-.n B oaks, giving ad vif r to this purpofe to his Majeftic :) and this Affembh was de- 
clared; to be no lawful Par Ham nt.but a devillijh Cotinfell^hichdt fired more the deftru- 
Ut9*then advancement of the Publike wea ! e ; and the Duke, Earles, with their aflir 
Hants were re(tored,and declared to be jf aic^ftil an& Hateful io2TSS s atil5 jfattljful ItCgC 
people of ffje ttealme of England, tuho alloaics fjaD great ano ifaftfull Lobe to 
tlje p:eferremenfc ant) &utetp of tlje ftings l^erfon, arrowing to ttjetrSDutp, 

If then chefe two Parliaments acquitted thefe Lords and their companions, thus to 
taking up Armcs, from any the leaft guilt of Tieafon and rebellion againft thcKin£ r 
bccaeKc they did it cmclyfor the advancement of the pitbitk* ^eaU.the fettiw the Realme 
in a better eondidc-n the-remov ng ] ll Cotinfelfors^andpublikg eppreffors ^f the Realme frem*' 
about theK$ng>and oreftvc hi per/on out ef their handt : then queftionlefle by their re- 
fjlutions our p cfcnt Parliaments taking up dcfenuVe armes, upon the felfe-fame. 
grounds, and other important caufes (and that by confent of both Houfes, which 
they wanted^can-bc repured nohig^ Trealon nor Rebellion againft the King ia,point 
v: Lawf acd/iiQ juil, norationaii-lLi^geoE Lawyer can jufliy averre thccontrary 3 

agaiGJi 



\ 



5 

hi 

<r 

l ? 
'til 

3F 
•1 

'ill 

'la 



BOH 

% 

k 

m 



'IF 

'to 



U 



IVarre^ Loth in Ptint of Law^ and Conf'ctcnce. 4 5 



againft lb many forccitcd rcfolutions in laMamenr, even in printed Acts. 
The ■ Earlcof Rickmund, afterward King #'»7 thfeventby taking uparmesa- ; '- 

;\[nb Richard the third, (a law full King, def.dle, being crowned by Parliament j l)U» * 4 J*1 
anVfurpcr and bloody Tyrant in Verity ;) to recover his Inheritance, and Title to ^ V; 
tbeCtownc,and cafe the Kingdome of this unnaturall blood- thirfry Optrcflbr, before ujbed, 5/ 






his fight at #0/W/Ficld, ufid this Oration to hisSouldiers, pertinent to cur pur- ^ccd, 
pole. ' If ever God gave vidory to men righting ina juft quarrell; or if he ever aided rwJ Henr > 1 ' 

* fuch as made warrc lor the wealth and tuition of their ownc naturalland nutritive 
fCountrey: or if he c vet fuccourcd them which adventured their lives for there (left - 
x cf Innocents, fuppreflion of 11 alefaclors, and apparent Off.ndcrs ; No doubt,my 

Fcilowes and Friends, but he of his bountifull goodneffc will rhis day fend us trium- 

* phant victory, a; da lucky revenge over our proud Enemies, and arrogant adverfa- 
: rics;for if you rcmetnb:r and confider the very caufc of our jufl quarrel,you (hall ap- 
parently perceive the fame to be true, godly, and vertuous. In the wiich I doubt not 
but God will rather ayde us, ("yea, and right for us J then fee us vanquifh.d, and pro- 
fliga:eby luch as neither fc arc him, nor his Lawcs, nor ycr regard lufticeand honeity. 
Ourcauteisfo jnl^thatnocnterprifecanbcof more vertue,both by the LawsDivinc 
and Civill, &c. If this caufe be not jfuft, and this quarrell godly , let God, the giver 

Iof victory judge and determine, &x. Let us therefore fight like invincible Gyants, 
and fct en our enemies like untimorcu? Tygers, and banifh all fearc like ramping Ly- 
ons. March forth like Qrong and robuftious Champions, and begin the battaile like 
-hardy Cor quer or s; tbe Batteil is at hand, and the Victory approacheth, and if wee 
fliamcfully rcculc, or cowardly fly, wcand all our fcquelebcdeflroycd. and difh> 
noured for ever. This is the day of gaine, and this is the time cf lofTe ; get this 
: dayes victory, and bcConquerours;and lofe thisdayes batteil, and bee villains. 
And therefore in the name of God, and Saint George, let every man couragioufly ad. 
vancchisftandard ; They did fo, flew the Tyrannical! Vfurper, wonnc the Field; 
\nd in the firft Parliament of his Raignc, there wa3 this A& of indemnity palled, 
That all and lingular perfons comming with him from beyond the Seas into the 
Real ne of Emjand, taking his party and quarrell, in recovering his jVl Title and 
Ri^httotheRealmcof England, (hall be utterly difcharged, quit, and unpunifha- 
r ever, by way of action, or other wife, of or for any murther, ihyingof men, 
or of taking and difporting of goods, or any other trcfpalTes done by them, ora- 
ny of them, to any pcrfon or pcrfonsof this his Rcalmc againft his molt Royall 
per fori, his Banner difplayed in the faid field, and in the day of th: faid field, &o 

Wnich batteil though it were juil , and no Trcafon nor Rebellion in point of 
jw in thbfe that afli ted King Henry the 7 th . againft this Vfurper ; yet b:caufc 
he hilling tf ***** and feijingthei' goois in tee timeofivarre^ungunj} the very fun- 
Unrntai Laws af the R?*lme y they needed an Aft of Parliament to difcharge 
hem from fiiits and profccutions at the Law fer the fame : the true rcafon of all 
i Aclsofthis narurc, which make no mention of pardoning any Rebel- 
ions or Treafons againft the King, (for they deemed their forementioned taking up of 
tatties no i'uch offences) but onely difcharge the Subjects from all fuites, actions, and 
Drofecutionsat Law for any killing or flaying, of men, batteries, imprifoatnents, rob- 
beries and crefpafles, infeifingof Perlons, Goods, Chattels. 
What our Princes and State have thought of the lavvfuluefle of ticccffary De*'-- 

S 3 



|tt 
EC 



^5 The Lawfulneffe of the Parliaments neceffarj Defenfive 

fivcWarresof Subj stfsagainft their opprcfiing Kings and Princes, appcaresby xhoiz 

aides and fuccours which our Kings in former ages have fe»t to the French^ Fhm* 

mings y zAlmaines, and others, when their Kings and Princes have injurioufly made 

W aires upon them, and more cfpccially, by thepubhke aydcand afliltancc whicf^ 

. " our i gwene Eliz»tbetb and King fames by the puhiike advile and content of thw. 

to Rcalme, gave to the Protectants in Frs.ncv, Germ inj, Bohemia, and the Netherlands aU t\ 

i l9 j~t.-S gain? the King of France, the Emper;ttr, a*d King of Spake y who opprefled andB tlf 

1157. G>i<n- n^VJe Warre upon them, to deprive them of their jul't Liberties and Religion, of ] t 

fion.MJl. of Yv^ichmore hereafter. Ccrtainely, had their Defenfive Warres againft their So 

f*fc*ln veraigne Princes to prc(ervc their Religion, Liberties, Privileges, beene detmi 

™6?i. On. Treaion 3 Reb:liion,\n point of Law \gjteene Elizabeth, King James, and ourEnglif 

&c. and fa?- State, would never have fo much dishonoured themielvcs, nor given fo ill an ex 

peristt Hi/fp.^npktptbe world, to Patronize Rebells or Traitours ; or enter into any folemn 

7i°* co8 -' 6 * Leagues and Covenants with [hem as then they did, which have been frequentl 

renucd and continued to this prefent. 

And to defcend to our prefent times ; our King Charles himfelf hath not onely (\ 
fli : w at leaft )opcnly aided the French Protectants at %ee and Rocbelagzii\& their Ki 
who warred on them ; the German Princes againft th: Empcrour ; the Hollander^ 
ini*Pri*ee of Ofa«ge t ("to whofe Sonne hee hath married his eiitcft Daughter) a 
gainftthe Spaniard, and entred into a {olemnc League with them, (which hee coul 
not have done in point of La//, Iuftice, Honour, Confcience, had they beene Re 
bells or Traytors, for (landing on their guards, and making defenfive Warresoncl 
for their ovvne and their Religions prefer vation ;) but like wife by two fevcrall pub 
• like k sAcls of Parliament, the one in England, the other in *fr0f /W, declaring>ttk, 
k f P tQ fi<- aCtS ^ Cots f ater *ki' 4 g up Arm's againjl h : m and bis eviH Councilors , in defence of their 
x)n and Ob. 'Region, Law s, priviledges , to be no Treafon, nor Ttgbeffiov $ and them to bee 
livion m b'j true and. loyall Subje&s {no: with ft adding all a/psrrhns cafi upo* them by the P re* 
boch thsfe UticaJl ani Poplfh Pany) beca^je they h%X ny ill or difbyall intention at aS againft 
Kingdoacs. his Majefi : et p erf on, C'owne, and Dignity, but onely aca*e of their &wne preferva 
tim, ani the redrejfe of thtfe Enormities , Pre ffures y grievances in Church and State 
which threatn : d deflation unto both. If then their feizing of the Kings Fortcs,Acn 
munition, Revenues, and railing an Army for the forefaid ends, hath by his Majcft 
hirafelfe, andhis two Parliaments of England and Scotland, beene refolved am 
declared to be no Treafbn, no Rebellion at all againft the King ; by the very far 
(orbctterrcaronjailcircunftancssduelypondercij our Parliaments prefent takin 
up Arraes and making a DefeahVe Warre for the endes aforefaid, neither is 3 nor c 
be adjudged Treafon or Rebellion, in point of Law or Iuftice. 
i An cxafl In tine,the King himfelf in h s l Anfwgr to the 1 9 , Propojitiovs of both VLoaks^Iutu 

Golledion 3§I <542.ConFe£feth,andcalleth God to witneffe: That a' I the Rights of bis Crow* v : 

of all Re- " » ■ - > ■ ~ * . ~ t< ~ . . --. . ■< - .. * - ./- -- 




t j the detriment of his feople ; That the Honfe of Comnons may impeach thofe, who for 



tbnrowne ends, though countenanced with any furrtptitioujly gotte* Commmd of tht 
King, hav ; violated that Lw, which be is >oind (when he knowes it) to proteU t am\ 
toproteclmofwb'tktbej w:re b. mad to advifehim t a:leaft, frit to fcrfce f)tm in t&i| > 



Wurre^ both in Voint of Law 5 and Cvnfeicncc. 47 



Central")? (IcttheCavallcers ar.d ethers confidcr this 1 ) ani the Lords being tn> 

>;rb a Iudtcta % y row.r, are an excellent fcreene « be'weene ih n King ani peo- 

e to >t Vfl ***" *g**nft **J Incroxhmen s of the a he' ; and bj jufi lad events to 

refervethat Law, which oug t to be the Rule if every ne 0} the three Therefore the 

>owcr Legally placed in both Houfs, fficftlfl ;niQje tfjen fuffificnf bent an'J ic- 

rainc tije poticr of £ly:ann£ ; byhisMrjcfticsowneConfcffion ; it muft nc ■ 

ic fuch a power as may legally inable both Houfcs,( when Armesarc taken up againft 

hem, by the King or any other, to fubvert Lawcs, Liberties, Rclij :cc 

1 Arbitrary government ;^not oncly to rhake Luwcs, Ordinances, an i AiTciTrmen&?, 

at like wife to take up Armcsto defend and prcfcvethcmfelve?, their Lawcs, Libcr- 

1 religion, and to prevent, rcftraine all forces ray fed againtt them, to fctop Ty- 
anny ; elfeihouid they want nor onely a more then fufficient, but even z {- fficien 
ecclTary power , to prevent ad reffraine the power of Tyranny ; which being 
riec in armes cannot bee rcftraned, prevented, repulfcd , with Petition*, 
declarations, Lawcs, Ordinances, cr any Paper Bulwarkcs and Fortifications, r Alhr.Gen. 
»r other Ikch probable or pofliblc meanes within the Parliaments power, m h*t l, Hf. f un 
eij bj Arms and Mil'taric Forces , as rcafon and experience in all A&s mani- ty ^ 4 ['Jf*' 
ir» 

From ail which pregnant puncluall domefticke Authorities and reflations of An- 
icnt } Moderne,anc! prelcnt ti nes.I prefumel may infallibly concluceiThat the Parli- 
aments prefent takir g up neceffary Dcfcnfivc Af oicSjis neither/Frcafon, nor Rebelli- 
ng iudj'cmcntof LaWjbut a iufb and lawfuli Acl:,for the pub licke benefit and prefer- 
ationof King^Kingdome, Parliament, La wes, Liberties, Ilehgion ; and Co neither 
icir Generall,Souldiers, nor any perfon whatfoevcr impFyed by them in this War, a Crat'ianca*- 
nr coat: ibuting any thing towards its maintenance, are or can be Legally 'wdl&cd $ f ai ^ qu [, x * 
rofrcutcd, or in any manner proceeded againft as Traitors, Rebels, Delinquents ? and rite t*. 
^3in(t the King or Kingdome - 3 and that all Proclamstions^Declar-tions, Indiclmcnts, »*» '/?« '» then 
°t proceedings againft them, or any of them, as Traitors, Rebels, or Delinquents, ? J 'V on 
pre utterly unlawful!, uniuft,and ought tobereverkdas mcerc Nullities. Smuw" 

It would be an infinite tedious labour for me to relate, what Civilians and Cano- fa* c-r h 
ids have written concerning Warrc, and what \V arrets jjftand lawfuli, what not : Tit f.d Art: 
n bricfcjthcy all generally accoid ; n That no Warre maj or c*gbt to be u»/ert*4*n P ;r - 

%l of covetoufnejfe, tuft, ambition , cruelty, ma'tce , defwt of hurt , rtvengt % or ft} . tU £ 

\ooty : fropterpradam emm m'diure peccatnm eft ; Whence Job 1 Baptip, Luke 3.14 
avc this anfwer to the Souldiers who demanded of him , -what /hall ire d)e ? c Doe zio- £alvm. Le; 1. 
tree ton-) m m : neither accufe any man fo/Jlj ; and be content withjottr wages, Ne d;itn 7;: < J ' T:t.Bd t 
mptut ci<*ru<r>m\xdogra{fettir. Which prooves the Warrcs of our plunclrihg, pil- ¥*1* '$***£• 

Cavallccrsaltog.ther (innefullandun/uft : And that fuch a Warrc onciy is j 
tft, h bit for the qooi and neceffary d- fence »f the Ccmmon-wexlt \ by pabl, 

tditl qt confen' ; or to rejrahe fom? thing, which is Ptvjttftly detained ir taken awa/ t Pen. 
*l cannot .tforwife be acquired : or to repel I or fHnifi feme it jury ; cr to curbe tl. 

I nyof wicked men, or prefer ve good men from their umuefl cpp.ejftens 5 which, 

ircesou^ht onely to be undertaken out of a dclire of Peace; as they prove out oF^ 

•ghftWi Cjre^orjylftdor Hi]pale«(is y and others. In one word, they all accord; n 9 # 9 . r. 

at atteceff.try dej "enfive Warre te repnlfe an Injury, and to preferve the S'ate, Cwrch Grot. 

Ufi/Mfj Freedom;*, Lives y Cb*ftitits f Fftatcs, Lawes y Liberties, It ttigion, from BlUl ^ 

HnJHj} « 



4.8 The Lawfulneffe of the Parliaments necejfarj Vefenfive 



unjufi violence* id, andever hath beene lawfull by the Law of Nature, of Nation • ; yea, 
%V all HafoeS tDliatroeber , and the very dittdte of Reafon : And that a *ecejjarj 
defer; five W*"re, is not properly a Warre, but a metre Defence, againfi an unlawful I Vi- 
olence; And therefore m*ft of necejfitie be acknowledged lawful! • bee an; e direlllj op- 
pofite to, and the onely remedy which God and Nature have giutn men againfl T) ramieall 
avdunjuft invafions, which are both (itnefull andunUwfull. And fo can be no Trea- 
fan, no Rebellion, no crime at all, though our Trinces or Parents be the unjuft *Jfai^ 
I nts. Of which fee more in Hugo Groiius y delure BelU $ 1, i. c. I. 

I (hall clofe up the (ftviUiatis and Canonlfh Opinions touching the lawfiilneflc of a 

Defenfive Warre, with the words of Albericm Gentilis, Profcflorof Civili Lawia 

the Vniverfitie of Oxford, in Qwne Elizabeths Raignc, W ho in his learned Booke, 

De Jure Belli & Tacts, Dedicated to the mod illustrious Robert Devoreux Earle of 

' Efcx; (Father to the Par iiaments prefent Lord Generally) determines thus, Lib.t. 

tai 13 p4£.9*.&c« \ Although, I fay, there benocaufc of warre from nature, yet 

'thercarccaufesforwhichweundertakewarrcbythe conduct of nature; as is the 

*cu 1 d ' a cau ^ c °^ ^ 5 ^ cncC > anc * wncr < warre is undertaken, becaufc fomething is denied co 

Sent. ' ' to be granted, which nature it idfc affords, and therefore becaufe the Law of nature 

e is violated, Warre is undertaken. Wc {ay there is a three- fold Defence, one Necet 

« fary, another Profitable, athirdHoneit j yet wee (hall deeme them all Neccffary.' 

c i> H: who defends himfclfe, is faid to be neccflitated, neither will Baldus have us 

b ** l -i cov f r * difttnguifh; whether he defend himfclfe, his goods, or thofcunder his charge, whe- 

4 o<' & ^ C0?/J ^ * thernccre, or remote ; His defence is necetfary, and done for neccffary defence, a- 

*A'zr. § h>- • g a in(l whom an armed enemy comes, and his againfl whom aa enemy prepares hirn- 

mkidium. c feife : and to fuch a one the fame * Baldus truly teachcth, ayde is due by compact, 

d Blind, d, l, < when others like wife approve e . This warre wc may fay, was anciently undcrta* 

31. foe nf < kenagainft Mithridates, and againfl: his great preparations. Neither ought wife 

'f^Min' 71 ' meiito expect, till he had profeCIedhimfclfc an enemy, but to lookc more into his 

* deeds, then words : Thus whiles we fay necefiity, we fpeakenot properly, but we 

* underhand, that ncceflity which is not rare inhumane affaires., and hath wont to bee 
f pbil. dc ' called need : : which yet precifeiy is not that true nc€eflity,&e# f It is a moft un/uft 
Ynnd}e. c conflidr, where the one fide being agent, the other is onely patient. There is a j uft dc- 

c fence, and flaying, although the flayer might flee without danger, and fo fave feim- 

<felfc, whether the flayer who defends himtelfe be of that condition, that it would 

«be a difgraccto him to flic, or whether it would be no difgrace. § Which opini- 

§ *. °" f ons are received in the can fes of private men ; and to mee are much more sppro- 

^^^/veinpablikccaufe?. h Defence even in Bruites is a Law of nature : * iti?p: r fwa~ 

1.4 adlc.Aa. ' 'd-d and conflicted in us, not by opinion, but by a ccrtainc imbred faculty • and 

Cepb.eonf.711 ' it is a necciTary Liw • for what is there (faith Cicero) that can be done againfl 

ipc.i.iuci. « force, without force? Thisis'themaft approved above a f l Lawes. k A3 Lawes, all 

*c de fz € R'.fos permit: to repell force wit '7 force. ] There is one Law and that perpetually 

cxccliide * defend fafety bj all m?a»<s. m All mean's are honefi o c preferving fafety : th ; *,rea- 

Humxid. € fon to the Leaded neceffuj *> Barbarians, cufi me to Nat ons y nature it felfe to 

{ Amm\<Li.\ « ypildeBeaJlsL, hath pre fcribei\ ant this is no written, bn- borne y or native Law, Likc- 

j Qic.proMf «wi(e > to defend our E f tatcs J is a neceffary defence, andchisisajdftcauieor" defen- 

f * c ling, if wee bee alTaultcd by warre, though wee ourfelve* have demented the! 

/.varrc : which thing 5 others, and Pmlm Cafirsnfis have taught. Aid it will fcl- 



2 Chi 
micidiu 

1 



Warre, both in Point of Law , and Conference, a q 

♦■low andaddcthis rcafonjbecaufc thcLawor Force of warrc is not cnacd by cb- 
ctaining the things firlt demanded; but waikes according to the corqucrcrs pltaiuic. 
c n Who is content to repay io much revenge one ly 3$ he hath received wrong ? i 
j e/f *£«/?*«', and all know it.This arbitrary power all not fulducd rr.ay jufily decline^ n A '& l 9- 
and therefore defend themfdves againft it with Armcs.Wi;nefics.° Iudges who arc co ** tar 
enemies arc repelled, although they againft w hom they proceed gave the caufc of rhc „ ^ r . 
c enmity, p To one in A> ma he gives aff [kings, tv ' denies jufi things : {aid Cafar. Nci- \ j c J 
c thcr doc wc hcarc make quctti#n of ebat blamelcfTc moderation- where there is no 
<fuperior. Tbcfe things therefore arc avoyded : and therefore trie caufc ok Remains l ' C^^i-P"' 
< ^bal 1 be (aid right to me, who defended himfelfcby war againft the invading Sahtues y " ^ p# J 
^albeit he had given them caufe of warre and offence, by the rape of their wo- 
men. 1 Th? force *j necejftty is fo great ', nhen men are preyed with ss4rmes> that theft 1 Bcdnu^-a\ 




hope is left but in Armes* Extrcamc neceflity is exempted 
c all Law, And yet I reftraine not the prefent definition, to extreame neceflity, or t3kc 
* extrcamc according to the condition oi mens affaires : for be it fo, let it be no nccef- 
cfiric, which may be no neceflity; Romulus might have avoyded warre by reftoring 
€ the raviflied womenj yet he might likewite defend himfclfe againft the enemies even 
c .fbonc after marching againft him, I ft ay not in this definition : for that is a qu eft ion 
c belonging to Citizens. * He who being banifhed may be hurt without danger,yct he * ^n { , it 
may defend bimfeife. up, 

€ CHAP. XIII I. \D<? utili Defnfone : He procccdcs thus, 

< f Call that a profitable defence, when wo move warrc, fearing Ieaft we our fclvcs 
t Ifhould be warred upon ; f no mm is fooner oppreffed then he which fcarcs no- , p y j 
c thing, and fecurity is the moft frequent beginning of calamity. Thisfirft. Nest, we 

ought not to expect prefent force, it is more fafe if wc raeete that which is Future. 

There is more hope dndmo y e courage in him th*t infers force ', then in him rvh$ repels it : 
c he hath more courage who inferrcs danger, then he who rcpulfeth it, c Livy and VI- « Lm.u IK 
Q g*tiu$: if the encmic (h :>ulj once prevent, all things arc difturbed with fea 1 e; it be- 
c hovcs them therefore ( (nth x Ntcef horns ^nhldomn ofnocontcmpriblcauthoriry) u lga ' l * 
c who would live without danger, to mcete with,and prevent impendent eviils, and'HiiV !•$• 
cnotto delay or expect, that thou mayft revenge the received injury with danger, if 
c for the prefent thou maift cut out the root of the growing plant, and fuppr^ftc the 
Endeavours of an encmic wrn thinkes ill. And y Suidas, yea Dcmoftbtnes; warre is y ^ : . 

not to be delayed but urged, ieaft being firft injured, we be compelled to repulfc^;^ 4 '' 

force* This fas the Latin Ve'noflhenes Cicerj fiirh ) is likewise a difgracc,that if thou 
c mayft prevent future, thou wouldcft rather redicflc Prefent evils. That rude youth * /#. /, 4 y, 
4 iikcwjfe (fobath nature it f;lfe prefcribed this La w J x I would rather lookc to our 
« fdvesjthen I would be revenged having received injury: a But Philo moft excellent-' Tm*t.4< 

< ly,that wc prefently flay a fcrpent at the firft light, although he hath not hurt us; nor f*jj^ J € * ■ 
t perchance will hurt us; fo carcfull arc we of our fclvcs before he move himfclfe. ^ " 
c Am I not over-tedious to thee in naming thefc Authors, which yet are none of ours ? 
c But the conf;nt of various and many authors is great reafon, c\c. Neither yet omit I, 

G things 



L 



5 o 7 he Lawfttfoefle ef tht Parliaments neceffary Defenftve 



4 things held in lieu of provcrbes, and therefore prove much what they fignifie. 
b Perf.Sat. i , ' b Me etc the approaching difeafe. Withfland beginnings^ elfe medicines are provided over* 
Ovid.x.de ' late. NegleUed fires are won: to get ftrtngih. Behold fomething out of theAu- 
jin. Hortt. « thors of la w : c It is better < o keepe Laves unvhlated,tben afterwards tofeelee remedy* 
**cfbiXit ' d It is Ujyfull to prevent i One prow dtr>gto offend, I offend lawfully $ and others of this 
li l ul'X Tit* € nature, which arc more defined to humanity, and approved by mens judgements. 
a/.U^&C, c c No man ought to expofe himfelfe to danger: no man ought to expeft himfelfcto 
T.deStii.li-' befmittcnor flainc unUflc hcbcafoole. Weoughttomectc the offence not onely 
f Baid.^ovf < w hich is in aft, but that likewife which is in poffibility to acl.Force is to be repelled 
V)P rf ^^ and propulfcd with force; therefore not to be expeded; in which expectation tterc 
*B(ilvConf c are alfj both other the fore£aidcertaine evils, and that likewife which is mentioned 
3^4.}»». c in the caufes of private men, leaft perchance by giving the firft ftrckc we be flainc; or 
,4kx%. i44» 'leliweyeeldby flying, and be oppreffed lying downe. But not to flye is torcpell 
€U.§.Homtct-c f orccs all thefe things arc clear e, and tried, and mod apt to warlike tractates. 
diurOiZaf' & t ^Vhat followes, hath fome doubt, when the thing may feemc to come to that paffc, 
T<Dec. conf* * that wc muft now run to this profitable defence/ A juft caufe of feare is required ,iuf- 
601.' c pition is notfufficicnt. Now s a jull fearc is defined, a feare of a greater cvili, and 

* p .1,5 A i m ^ c fuch as may defervediy happenunto a conftant man. But here in this great caufe of 
»** <***• . € Kingdomes, a fearc that nodammage (hould happen although not very great, or if 

* ® e i 7 m [ll, c there be an evident caufe of feare although the danger be not true, but the caufe one- 
*SffJU«7«c»3* C 'J* °f ^ earc i u ^j * s Efficient '• but not when a man feares that he ought nef^&c.Buc 

' concerning prevention there arc notable things in » GelUus. Inall things to be taken 

* heed of^thcrc is not the famccaufc; neither in the affaires and actions and Offices of 

* humane life; or of taking, ot deferring, or revenging, or bereaving. Toagladiator, 

* ready to fight this lot of right is propounded; either to flay, if he (ball prevailc,or 

* tobeilaineif he fhali give over. But the life of man is net circumfcribed with fuch 
c unjuft untamed neceflities, that therefore thouou§h:eft firft to doe the injury, which 

•*ck.pw> to, t unleffe thou malt doe, thou mayeft fuffcr. And Cicero ; k who hath ever ena&cd this, 

Jll*i8M* c * l S c °r to whom can it be granted without the greateft periil of ail men, that he might 

' lawfully flay him, of whom he might fay hebathbecne afraid, left he himjclfa might 

r be flaine afterward by him ? yet rightly, not withfianding, the Mitilems againft the 

iTbunid l.$* r Athenians. l If weft em? injurious to any^if -we have firft failed, not ta Y rying till wee 

* might pi amely kn°w } if they woulddoe hs anj h%rt : he do'h not rightly confider for if we 
s hadbeene of e quail pwer, -we m ghtfaf ly l*y ambujbes. for thtm «g#ine , and we might 

* delay: then he Jhou Id fpeahe truth : but fix a they have t-.lv ayes wit 3 them a power of 
[hurtmgyttbefetmedHs to have this power ■, that we m' l gbt anticipate a defence. Why 
■ 2gaine doe we aske for Bartolujfes, or "Balduffes witn whofc bare names we might 

* reft fatisfied ? and yet doe not more cftecmc the defence of a moft noble Republick, 
c yea of Thncidsdes^ a moft noble man, and the fcntence of a moft wife man fortified 

* With reafcm? And feeing there may not be one probable caufe of feare, and generally 

5 nothing can be defined concerning it, here we mall onely fay, that it hath al waves 
c beene very considerable, and at this day, and hereafter it is to be confidered, that po- 

* tent and ambitious Princes may be refilled, for they being contented with no bounds 
»2Lpnaru*. € will atlaftfometimcor other invade the fortunes of all men. m Thus the Romans 
nPaufanias, c m0 vc warre againft < ?/;' , % left Greece being fubdued, he feould firft make warrc 

J upon them.Thus n Lyfimwhm^ vfhcnDemttriM had gotten the Kjngdom*> fearing 

leaft 



Wane, bath in Point tf Law, and Confitcmc. 5 1 



leaft he fhould provoke him, firil moved warrc, for he knew that Demettisu l>ad 
it from his father, alvvayes to thinkc of promoting the Empire. Thus the ° Lacedc-oxcroUb.j, 
monlan Embafladors, move the King of Sicily to warrc, b'caufc all the reft of the 
Grtcws being overcome by Perfa, he might \n like manner (lirrc up warcagaind 
the Skuli : Men lay, iy hel t ing us thou maijt d fendthyfelfe. Thus the P Lacademim- t Xcnop,f. 
4»/themfclvcs,periwadedby the Acanthti tookc up warrc againft the Ofymhi* l**' 4 * 
whobyconqucrin^ their neighbours every where, and proceeding alwayes to fur- 
ther parts, they ma dc no cncJ of warres and of encreafing their dominion. Thus the 
Camp*** for the FitffeMagaitlft the Strumites, and they fay. iVe have fought in word ^ L - ... 
for the FidimmWj in deed fir cur ft Iyer \ when we /aw a neighboring people, to be fet u~on 
by th wick^ plundering «f the Samnites : and when tie Fidiini had bcene i '■■flamed , 
that fire no <ld h reaper be transferred upon us : which alfo T Herrwcrates a juliman 
of Syracufe doth any of ** thinke, that a n'ighb our further off being already overcome ' Thuc. ltb.6{ 
the calamity mil net come u on him a ' 0? Thus r I'erfeus, thus Mttridates did move 
and call in others againtt the power of the Romans : for neither arc occafions o^Stlu^fra^; 
Warrc wanting to thofe that afpire to the Empire, and now they arc hated for their 
power. Which thing t Apfius fomewherc faith to thofc his Romans^ and it ap- 
pcarcs moft true ; for by ay ding their confederates and friends,prcfencly they got the trDion lib '% 
Empire of the whole world. But to omit thefc manifold examples, which even 
« others have thus noted, and which do thus declare to us the Law of Nations, which 
wc feckc; might not all men moftjiiftly withftand the Turks on that fide, and thc -Bo ^ ^ 
J^ia* ^onthis, meditating dominion every where and plotting it? for indeed rcp.aU. ' 
the Turks wrongs not many, nor yet the Spauia d, neither can the one or other doc 
it;but they both doc injury to fomc, and he that doth wrong to one, threatens many : 
fliali warres thcmfelves be expected ? wc have heard of the Turhes before, and wc 
all fee it : if any one difecrncs it not of the Spaniards ; he may hcarc of P. fovius, ** S ! T4 
that the nature of the fe are both impotent aid greedy of bearing rule*, and when they have 
once crept in y endeavour alwayes by all meanes to attainc the vigh-fi power. Therefore 
weoughttoreji/t* audit is z better to beware that men encreafe r;ot too much in power ,, ^ ., ^ 
then tofeeke remedy afterward ag^ir.fi the mighty. a Whi'e the enemie is little, kill him. t Jj^ * Lf a 
WickcdnclTc.left I'arcsgrow/istobccrufhedinthcfccd. Why arc not thefc fay- * HUrlEpi.il' 
ings of Hierome pertinent even here ? Wc cannot j'oyntly red t a common danger.* 
b a common fearc unites even thofe that are moft divided and furtheftcfT; and that * Bal.i.conf. 
by the inllinft of nature, and our c 3 nidus teachcth out of An ft tle\ This is the tea. 2, 6.6. 
fnofEmpjresfhat they may not hurt ;zs hc,whofoevcrhe was, faid wcl in Dionyfus, ( 7)ton **^ 
and nothing more true, and uttered as it were from an Oracle, Inthejudgcmc t o£\ 
Ttodin : '■ It is fuffcient to hive power to hurt^ anitha* which can dtftroy other r, dc t thou F r ^rJ ' m 
deftroyfirftcas aptly here the witty Poct;and -ruly it is very grievous,that wc may pol- cere fat eft 
fibly fitter an injury although we doc not furTcr it : as c Plutarch fpeakcth: and Quodquepo* 
f 'Baldus, that it is la wfull to ufe meanes for refinance : nor ought it to be in the po w- ^i^ospa* 
crof anadverfarytohurtus if he would :and that wc ought to confider, that which dcre >P erdc 
hurtcth.aiid that which can hurt. Even the continuing of concord among the elc- ^°{ut Pomp! 
ments is this, by c cquall proportion, and while in none, one is fubdued of the other: • ^ a Li % conf t 
Andthis is that, which that mod wife, molt dofirous of peace, and father of peace, 19M02. 
Laurer.cius Medces procured alwayes, that the affaires of the Italian Princes fhould ' A M' & 
be balanced witftecjuali weights, whence both Italy might have peace, whichboth f^£ - 

G a "Guhliti. 



5 z The Lawfulnejfe oft he Parliaments neceff'ary Defenfive 

' it had whiles he lived, and was the prefcrver of this tern per; and which peace cca fed' 

* when he deceafed, and that tempc ature. The great offspring of Medkes., was a 

* great fafegard both to his ownc City and the reft of Italy : doth he not as yet indca- 

* vour this, that one fhould not be able to doe ail things, and all Europe come under the 
; 'command of one? un'cffc fomeb: able to vctihthc Spanyard, Europe will certainclyv 

*Mf;Ec>o£* c^ 'ifany will pull a middle ftonc out of the wail, uponwhkh all relics, the reft 

tpoiyb.lib.i, « being carried together will follow. h No, thismuft never be permitted, that the 

' dominion of any ftioui i grow {o great, as neither to doubt before fo much as of moft 

« manifeft injuftice, which ToljHns faith, and faith againe: whence Hero therefore 

c ayded the Carthaginians againft the Mercenaries, lcaft the Carthaginians being opw 

;xia.'.4*« cpreffed, the Romans fhould be able to doe all things. Thus « Livie of tho diverfc 

c conceits of men upon the war of the Romans, and Per feus, that fome favored him 

tf fome them, but there was a third part, the beft and moft prudent, who would have* 

c neither part to become hi ore po wcrfull, the other oppre(Ted,for fo themfelvcs fiioiaM 

s jbcintheb:ft condition, alw ayes protecting them from the injuries of the other.*' 

e And thefc things ingenioufly, Marcus Catofor the RhodUnsx who thorow hatred to 

*§tkit» 1.7. 6 the Rcmms % by their good will at leaft, or wifhes had favoured Perfeus,They would' 

<• v € not that wt fhould have conquered the King : but alfi m my other people, and many Na- 

e tient; a>td partly not for rej>ro<chfake t but 'becaufe they teared % that if there were no man 

a whom we ft wd U aw? of "toe might doe what we Uft % and every one of us if any thinke any 

g thing to be attempted againft hisowne cftate,dcth even with huftrengih contrarilyendea* 

« vour that it be not attempted againd Ulm^ This the Embafta ior of Perfius had thus diP 

« cuffed before the Rhodws,thar they ought to endeavour, that the right and power* 

f or all things be not devolved to one people. Cato adds, that their will ought not 

' "\ c to be punifhed fo much, becaufe it ought to be difcerned more certaincly. 1 C&fai* 

l Ts'w*liK c jp t j, not contradict, who thus difputcs of railing of warre againft King drioviftus; 

<, that he ought to be pur.iflieJ before he became great, or fliould doc any evill, evert 

« bscaulc he had a thought to doe them hurt. Neither ought this to be underftood of 

* L -.it 5.d. « tnc naked thought, and bare will; but of that which hath afifumed tie Acl, declared 

T 8.- ' < in another* pi accjthat King was now fearefull-to the Romans in Eran&^nd his Armes 

< tbreatned danger: Cafar. therfore wifely and jutily thought that there was no farther* 

< delay to be nude,but that he might reftraioc Armcs with Armes.The r Switzers late-* 
ftitfwu.J* e ly very wifely, that they will fivour neither the Fr&nch nor Emperor, but would 

1 ksepc a league with them both,until their Armies (liouid not be hurtful to the Helve* 
c ti n Common- wealth. But I conclude, the defence is juft which prevents dangers' 
« Already meditated of, already prepared; and alfo not thought upon, but very likely,' 

< poffible : yet neither this laft (imply; or would I call it juft, toendeavour this war,' 
• as fobnc as ever any ihould be made too potent; which I doe not affirme. For what 
<c if any Princes p >wcr ftionld be incrcafed by fucceffions, by elections ; wilt thou 1 

< trouble him with warre, becaufe his power may be dangerous to thee? Another* 

)ing therefore muft be added concerning Iuiticc. Wc will adde to others, wh<r 
vhat.thcy have thought of a juft vvar, attend, , 



I 



rVarrc, both in Point of Lmv, and Confacnce. 5 3 



CHAP. XV. Of Honeft Dffe»c: 

ITrcmaincsto fpcake of honed dc fence, which is undertaken without e of 

danger to us, f ought for no want of our ownc, for no profit, but or.cly for other 
mens lakes, 1 ami it rclicth upon thisfoundation,that (as Marcus TuH'hs (aith)na'.urc * I ? deju: 
hath ordainc.i among mcnamViry, and love, and good will, and the bond of good & >• 
will,and that the law of nations is placed in the fociety of men , which therefore is, 
called by Cicero alfo, b CmM, e Thus Verilic the Stoickes would have the City of the h c *f'* J e ^ 
whole world to be one, and all men cob: commoners, and townefmen; and like one ^/ c ^' ' • ' 
Heard feeding together in a Common ground/ All this that thou bcholdcfr, wh.rcin * NUepb.&2 
heavenly and earthly things arc contained, is one; and we are members of one great Ha* 
body, and the world it (cite is one c body . But Nature hath made us allyed, feeing flic 
hath begotten us of the fame, and in the fame, alfbendewed us with mutual! love, : * cn *?•*** 
and hath made us fociablc. c And this our focictic is molt like the joyning of (tones, in 
a wall; which would fail,if the (loncs did not wichfiand, and uphold cne another, as f 
Senega excellently; and which as f Gtiliw, confiftcth, upboldcn as ic were, Ge!Jtb 6 - 
with a mutuall contrariety and fupport. s This is the defagreeing concord o£ tHor '**&*% 
things, as Horace fpeakes, andwc al'b before. And now thou hcarcft that ali^' 1 ' 
the world is ono body, and all men are members of this one body, and thou 
hcardtrhc worldtobeanhonfe, and to bs a City; which hearc againc, for they a c 
beaatifull* T h e world ii the great eft boufe of things , thus Vtrro. h Man is kfiddfc* Sev>ult<hnti 
ere it H-e> and being home for the good of ad . looses upon the world as one hptffii thus 
Senea : agatnc LaUantius faith, the world is a Common-wealth, having one r i 7 ..-; •;,*; 
brmc of government, and one Law; k fhih; there is one Commonwealth of aj] 2)e '\ c « r °* 
and a common City of ail, 1 TerttiUi^n y Mmutm , and alfo in Ariftotle, There is one ' Fhl - u ( c 
great City : what an harmony is here of wi(e men ? Addc touching Society that of faf. *f. 
Cicero; Scciet- inthela'grfl extent y (which tboaghitbe often fayd wcmvft repra'e more «^* 
often is of men tow or sm'»> more inwa r d,rf thofe t^at are of the famf Countrej^ nsA- °Ci 
ero" thofc that are of the f a -re City and in another place : We are fo borne that there l xL 
may be a c rt ine Societie htw-'n-all; but greater at any one is nearer : Citizens are 
b ter bm (hangers • kindred bavForriners. And thus doth ° Augttfiine note there 9* it 

focieties^hefiritof thchou(hold,the fecondof the City, the third of the world/^* 
anlfiith, alltbcNnionsmthcworldare/oyncd together by humane focictie. Tut 
what is this fociety and conjunftion ? Among the s;ood there is as it were a nccciTa- 
ry benevolence, which fpring of friendiliip^isconOtitutcd of nature; but that fame 
goodneffc belongs alfoto the multitude ; forverttxe is not inhumane, nor cruell, 
nor proud, which will not looks upon all people, writeth O c€Y0 > a *d p A*brofe y tl j 
Maw of nature bin des u>toallcrnritv; that one (houid bearewtth another, as mem- 6 ;", 
' bers of one body :and fo alfo q Bahius^z are borne for our own and for grangers by '^ % c r ' rU 
thebondof Charity: thole tha^ fay, care ought to be had of Citizens, deny itof r'^^^ - 
(t«ngers,thcfe men take away community and fociety of mankinde, Alfo Cicero : 6. 
which r La%*ntiw both citcth and hath approved. And the fame Cic ero. fit is a hi- ' C tx 7*&it '- 
thy opiman of them^who rdfaffi all things to thcmfelv€s,filthy indejdc, for man i ! 

9 3 > tor. 



• 



5 4. The Lawfulneffe of the Parliaments neceffary D efenfive 

c borne for focicty, and it is his ■ duty to hclpc others, and not Mvc to himlelfc onely : 
■ GaU. & ' • c and for this caufc fleer* condemned the PkUofopbers, becanfe while they lacked one 
* >etr ' 4, c kmde of juftice, and ("as x another holy man writes) fulfilled indeedc the grcateft 
*Hier.Bp.i4 ( part of equity, not to hurt any, they offended againtt the other, becaufe they for- 

c fooke the fociety of life, and fo forfooke this part of juftice, to profit when thou 
y Claud. 4. c can(t;yDoft thou not fee how the world it fdfe, the mod beaucifull of all workes 
conf. He. doth binde it felfe with love ? we are z bound by the Law of nature (fo fayes the in- 
^Rom.conf. ' tcr prefer of the La w) to be profitable every way.- and the a fame men deliver an 
4*0. * € equal! defence of their ownc and of Grangers, but fpccially of confederates, from 
■ Decconf. c whom we muft keepe orTan injury; and that this defence is both of divine and hu- 
f 69 de°uft *" c mane ^w. b ?/^^thinkcs,he ought co be punilhcd that keepes not back an injury f„ 
b piat^dt <■ * erec * to another. Now that which Plato and thefe Interpreters fay of private Gtizens 
kg, c wc tnay very well apply to Princes and people : for what rcafon there is of a private 

man in a private City, there is thefamsm the publicke and univcrfail City of the 
cBal, 1. conf world, of a publique Citizen, that is, of a Prince, of the people of a Prince: c As a 
IV* a C P riv&tQ mm ^th relation to a private m n, io a Prince to a Prince, faith r Baldtu i * A 
Sen 4 i.i. dc c m an is a Citizen to a man in the greater City, and borne for routuall fuccour faith 

c Senec*. And becaufe we are one body, if one member wiil hurt another member, it 

c is mccte the others (hould hdpe that which is hurt, becaufe it concerneth the whole, 
even that which hurtcth, that the whole be preferved. So men (hould helpe men,, 
for focicty cannot be preferved, but by the love and fafety of the people, e Ve/pa- 
e Xiphil. c tian cannot be approved who denies ayde, I know not to whom, upon this pretence, 

* becaufe the care of other mens affaires appertained not to him : for what good man 
' Cic«7.fa.i 2. c is there who doth nothing but for his o wne fake? t Cicero againe, even to s Lazisu 
* Procop. 2. c K{ n g fp er fia y that he is not therefore juft, becaufe he doth nothing un/uftiy, unlefle 
$ ■ alfo he defended the un/uftly oppreffed ; and by that mcancs they obtained helpe, and 

bands of Souidiers againft the Romans: for it is not a ftrange thing amonglt men. 
fcCic r pro C k* r a man t0 defend the eftaces and fafety of men. h Cicero had faid the fame; hejhwld 
Own, ' c have refpetk if nn of thcman,yet of humanity -, which is due to every one from every 

c one, for this vcrycaufe,becaufe they are equally men : and humane nature the com- 
J Ittft. Ge.an. c mon mother of all men commends one man to another, * It is a noble example of 
l\ c the barbarous King of Mauritania : who, when he heard that his enemie sAfonfo 

c king of Caftile, wasprelled and aimoft oppreffed by the Armies of his forme, hec 
fent a hughe mafle of gold unto Alfiffi* hehimfelfe went over with a great Armie 

c of Souidiers into Spaine^ judging it a moft un wonhy thing that his Sonne (hould ex- 

€ pell his Father from his Kingdomejadding withal!,thar the viftory obtained,hc would 
*Lb 21 d* * be an enemie againe unto the fame Afonfo. What? doe I fcare the Barbarians % 
he!vd acre. « enemies alfo, and bringing gifts ? That the deed of an enemy (hould be taken in the 
•Caftr.U.dc c Worftfen:e ? doth k Guiceardinc fay truth; that thefe things arc not done of any but 
juft.AL7.17- in hope of fjmc profit ? The faying of gnicciardi*e is difpraifed by noble M-un- 
27 C] &\I' ta K n in tn °f e niS Noble ex miplcs ? 1 demand of what right it is ? It is a queftion-, 
micidium ?" * l ^ n ^ ^ e 00unc ^ by ^a w Zo clelrcn ^ another, when he can? and they fcemc commonly 
Be conf.678. € to deny this, and the 1 Law fomctimes fakb. that we may without offence neglect o- 
n Lib.5. de « thcf mens affaires : but our proper qieftion is; if any can thus /uftly defend another? 
app iaf J iJe € m wherein no man denieth juft defence, even for the defence of a ftranger it is law 
^'^ e ^ nf \fuU to kill another, by the opinion which is approved of allDoftors; n ye*, thede- 

7?2Cuia,;o.« fenC5 l 

obf. 20. 



Warre y both in Point of Law, andConfcitnct. 5 5 



* fence of him is approved, that ncglefts to defend himf cifc, yea that refufcth to be dc- 
c fended by anothcr^whether a friend defend him or another,cven an cnemic:andthus 

it is called the rule of humanity, and (b° a benefit to be conferred oftentimes upon 
» the unwitting- Soalfo there be many other definitions. Alfothcy concludcby anar- 'L.j9.«Lne, 

* gumcnt,not he me enough that way,in another quell. on: that a man may take money sc * I,fc 54« 

* fordefending another, which he {hould receive difhoncltly,ir he were bound to de- 

< fend him by law : for may not a fervant get a reward from him whom yet notwith- 
c Handing he might not neglect without puniGimeni ? neither is it difhoncftly given 

c nor difhoneftly taken >in way of thankeful nefTe. r So it is not ill taken of a Citiz.cn front ^ a ^J* 1 ' 
a Citk y ntr by afonnrfrcm a father : for tritely it is manifefi, tbatnany th.n:s cannot PU. ^.dclcg! 
be dent without oft net; a -d th rcfore ij cone they are worthy of rewards , yet not ofpu- 

Q mfimenty tfthfy he not done, esSg*ine y fomcthin:s on ihe contrary negtefted, indeed con- 

< trail fence > at reformed t key merit notary, fo fevnxd : to which I adds a meane 9 
that therp before things wht(h being neglelfcdc ntract offtnoe, tnd fulfilled, defervere- 

( vj d. q But alio even in tha Court oft onfeience they will have a man to be bound td l* 3 ** **'h 6 
^defendaman. ■ Bntconfcichceisthewillof agoodman, yeaofthebeft: butthcy ^"aMuic/ 
■ deliver this *lfo even in the way of honefty : and wc follow honefty here, and that d c ju. Ucimp« 
'arbitcrment: r but both in Civil! and Canon Law, againft the reft Bartolm inclines f AIc.Lcon[. 
c thu$: AlbericHSjIgncvtSyDcciiu, dlciatus, Afolineus, fo teach: and l< Baldtu clc-17.M0l.ad" 
« gantly, that it is a fault to omit the defence of another*, of himfelfe 9 a tre zckery : w hich ^ cc -l i dc 
rJlfp in another place he determines. P/a'o is alfo of this mind ; and thus alfo u #r*-™8\ 
tfidttifrte btm to whom injury is done, out of the hand of the injuria, I alfo am of,^ \i°qa~ 
;j |hc fame minde, efpecialiy, if, which the forewarned interpreters addc, defence befer fug. 
not made with the danger of the defender. x For no man is bound to put himfelfc u Eale. 4 . 
indanger;nomanisboundfotoaiTiftagainflafire. y Otherwifc thou hcarcft C^-*^ 1 * 1 - 1 ^ 
ftantive fay, that they which live by the rule of Goes Law, account an injury done ?^ V r 1 - 
to another, to be their owne. Behold that thus alfo he ayded the Romans jgainft ^c ; x *£ 
AlAxentms. Heaxc againe Baldxs his Lawycr,he that defends notmor rcfitts an inju- 
ry, is as well in fault, as he that forfakts his parents, or friends, or Country : and ifi Cic,i.dcc/F. 
th:fe be true in private men, how much more will they be in Princes ? Thefc mutu- 
ally call themfeives Cofens, Cofen-gcrmans, Brothers. They are fo much the more 
true in Pprnces, by how much if a private man defend not a private man, the majc- 
ftrate remaincs, that can both revenge the wrongs, and rcpairc the lodes of private 
men, but there is none can pecccupthc injuries and hurts of Princes, but the fame 
Prince, who after had rather appjy a medicine to the evill, than hinder at the firft that 
evil! be not don?. Thefe things are true, but that alfo you may hold with a Baldut^ 2 \\.io.\^ 
1 that although thefc were not true out of Philofophie of judgements, which is ofc.dcop.lc. 
thiogs nccviTary : they are certginely tt nefrem philofophie of manners : which confifts 
of things perfwid:d y which Philofophie alfo we follow in this whole Treatife. The F hilofc- 
\pkieof Judgements , permits a mm tone gleil even himfelfe % i& Baldns writes, and if 
1 befides, as it falls out almoftalvvayes, another fpeciallcaufe be joyned to this gene- 
i| rail rule of honed y , it may come neerer to JHftice. Let the opinion verily be true for me % 
* that this cattfe of hsnefly ahne^psrch tree hath never mcved any man to that honeft de- 
i fence. ^Gmccizrdincs mouthfaydtruefyf no Prince will maty warre for Pefants^un-^ q^ c ^ 2 
x ] tefeperfradedtoitb defireofhis ownegaine: yet that is ignommoHs to Princes and fa- 
1 vours not of juftkc *._but I had rather concurrc with Leo the Phifofofber, We know 

very. 



j 5 The Lawfulneffe oft be Parliaments neceffary Befenfive 



*Aabr. ide 






* very tew to kcepc true love,tor its lake alone to be ftirrcd up to luccoar thofc that arc 
' intanglsd in mifery, but on the contrary fide, that the number is very great of thofe 

* that for hope of getting any thing, come to helpe the unworthy: which is a more 
c mild faying, and I thinkc more true. But I fecke another thing, it is compleate ju- 
' ftice which defends the wcake : fo d Ambrofe^ and the Canon Law, and I feckc for 
'thatluftice. The R omans alCo joymd this caufe with others by which they were 

» j.q 7 j / ■ moved often times to make warre: e the defence* of the Lucans ffaith Dia*y[v*s) was 
''Dionf<4.de * the manifeft caufe of thzSamnitk all warre, which might haveafhew of honcfty, as 
%&? I common, and a Nationall cuftome of the Romans to aydc thofc that fled unto them: 

* but the fecret caufe which did moreurgc,was > thc power of the Sammies was great, 
- and greater would it have beenc, if the Lncans had becne fubducd, fo the reafon of 
'profit lyes hid: and therefore fecmes not fo good, as it is honeft: and yet we call 

* profitable alfo, good and j'uft, and the one is made juft by the other: therefore what 
fLf.^iex «ifthcy be dearc unto us whom we mould defend? tVlpianut faith, that for lovcand 
ta.wpo-eA. c friendmip, for noother reafon defence ought not to be omittcd.The defence of thofc 

< that ought to be deare unto us, is from nature, witneffe M. ThIHhs. What, if our 
lArio.de off. c ames and confederates? sHethatkcepcsnotof an injuric from his fellow when he 
h Li v^ i. ? 4 .* c can, is as well in fault, as he that dothiu Am$rofe> and h even we our fclvca arc hurt 
1 « de Repri' c when our fellowes are hurt : as in Livie.' x Lohn Bo din J udgeth amiffe, that an ally and 
ulu f a confederate is not bound to helps his fellow, if there be no caution of helpe in the 

c league; and the contrary is now foewed by us, and alio (hall be (hewed in the thircL , 
*mn Afoja. c booke. What if they be of thq fame ftocke and blood f Agefilam made warre againft 
«rhe Perjiws, that he might bring the Greekes of Afia into liberty. And the pettic 
I lovi 1* 1 1 i fi Kings of l Qermanie by an oW cuftome of the Nation, thinke it an haynous offence, 
4 not to be aflift mt to thofe that implore mutuall helpe : although there is there befides 
c a ecrtainc body of a Common-wealth : as it is reported long fince^that there was of 
e the esfchri. Wnat if of chc fame Religion ? m Nations arc joyncd together by the rye j J 
»OrojM'C<*^ 6 i Religion, more than cither by the communion of another law, or contract of a 
c league : and therefore if we implore nature by communion, the law of Nations by 
.< covenant, the Common- wealth by Iawes, by common Religion (the moftpowerfulj 
i thing of all) we implore the bowels of men and of the holy One, who is the head 
n Troccp. ii .<of that communion, n So there was warre with the Perjians, becaufe their fugitive! 
Perf.&cau. . 4 wcrc not delivered them, and they were not delivered by the Romans, who would JL 
/. 17.C.57. ttiotdifpifc the humble profc {Tors witto them of the fame religion, who fled from thjlL 
j PerJta*ctiitlty m Thu$?itftittus anfwered thcPerpanjh&t he could not but receive thofc 
4 of the Chriftian Religion, falling away to him from the Perfian, who compelled them 
• Aid. 1 8« §. « t0 fotfoke Chriftian Religion. And our writers doc thus rcfolve, that warre may b< 
SacraM y.o. !< made if any converted to Chriftiai Religion, (hould be opprcfled by their Lordgj 
. 4 and tint for the right of focicty contracted from convcrfion. What if neighbours ll 
6 p for what? had I not very many, very juft tycs of familiarity, of ncigbbourhooffliLi 
t of country, of friendfhip to defard PUnctul faith Cicero. And here is our cafe™ 
P Gic, pro , «<i Wc are in danger if our neighbours houfe be on fire, for if fire have fiercely takei, 
pane. jhjldof fomehoufss, they will hardly be defended but that the next houfes will b|j 

^burnt, which was eifewhere in «SW*/?, and now in Ovid. f Fire that is netre is harim^ 
ikept off from honfes : it if good that we abftain* from neere adjoyned places: which ver£|' f C 
t are proverbiall in this thing; and proverbs addc 1 ome credit. This notes fomcthm 

th 



Warrc ) both in Point of Law, and Conscience. 5 j 



' that as it is law full tornillour nci^hcotirshoulcduwno, lraft the fire fliould come to 
€ us f|ind that qucft ion of a" houicii.fdcd is the feme ,ahh ugh touching this it is an- *2>i 
' Ave red contrary ; Y Yet the HjuIc infected with Lcprolie was pulld dovvDC 6< > l - 
* And in many cafes it is f>,that wemaydo.: ill to others, that it be not ill wkb/J' Cfit *l*' . 
us. Wc mutt beware of all contagion, clpccially of our neighbours; the ill ccnta- & i\ 9 A l * l% 
* gions of a neighbouring People are hurcfull. a The HynAnt (faith FIjtm) as a 
ccrtainc infection ranne over all, and taking in all the nccrcft people, brought all [P° j *•*• 
Jtaiy under them, and wharfo^vcr Dominion they h:d. b Befbrc fire is the vapour and 
fmoake of the Chimney, Syracides alio. So wc fee fmoake from our neighbours 'c.6defecxt 
fire, an J will wc not runne and put out the fire where ic is ? Iris c written agamc, okvg an so 
c that it is lawfull for any to hclpc his neighbour againft an injury, vcj, he fterucs to 
1 bt partaker of a fault, who doth not aydc his deadly foe, even ipeaking againft help % 
[ nor yet de firing it. Concerning which I have noted bcforc^ndwill note further in the 
Chapter following. 

CHAP. XV:* Of ajding Sufyctts that are Strangers * gain ft their Lord. 

I Demand, if wee may juftly defend Subjects alfo that arc Strangers againft 
their Lord ? What if their caufe alfo be un;u(t ? * Ambrofc noteth thole three iUh l , 
gods, /#^7*r, iW/tf #«<?, and Pinto, have thus Articulated, left upon their intrenching o^.'i/. 
ononeanothcrs jurifdiclion, they might make Warrc among thcmiclvcs ; they 
fhould not ufurpc the rule of the Sea, &c. b They fay likewife, that we gods have b Em , mf. 
this Law, none of us will erode the defirc ofhimthtt willeth, butwee yceld al- 
ways one to another. Which being the fictions of very wife men, arc appjyed 
unto Princes of the earth. But even without any circumflance at all, the Corin- 
thitns fpeakcthustothe Athenians; c We doc plaincly deny that any is forbid- CO^&tfJ? ■ - 
den to punifh his owue : for if thou fhalt defend thofc that have offended , even 
your owne Sub ;*eds will defend themiclvcs from you. Yet I tbinke not Subjects of 
pother men arc altoge her Grangers from that neerenflc of nature, and union of Soci- 
rcty, you doc alfo cut off the unity of mankindc, whereby life is fuftaincd,as excel- 
lently * Se»ec*. And if wc make not Princes la wle(Te, tycd to no La wes nor Con- d *M Bend) 
; ditions : Itisneceflary,that there be fomc to admonifh them of their duty, and 
may hold them faft bound ; which reason I expounded in the fecond Booke of Em- 
battles* Neither will I heerc infer any confufion of kingdoraes, or any infpc&ion 
of one Prince over another Prince : neither doe I fufTer thofc things to bee di- 
ftinguifhed, which are moftfirmcly glued together by nature, I meanc, that fcia- 
rcd with all, among all. Neither here otherwiie may one Prince have in- 
fpeftion over another Prince, but fucb as may happen by every other Warrc, 
; whcrcinoncPrinc«carricshimfclfcas a judge both of himfclfc, and of another. 
If aqucftion were among private men, itwercmoft unjuft togoeto a Torraignc 
Prince about it. Alfo if there arifc a difference bctweerce a private man and bis So- 
'craignc, there arc Magiftrtcs appointed which may be fought unto. But when 
he controverfie is couching the Common-wealth, there neither are, nor can be any 
udgesinthe City. I ortl ckat a publikc matter, when fucb, antffo great a part o£ 

H <th* 



5 8 The Latvfulneffe. of the Parliaments necejfary De fen five 



_ 



w the Subic&sis moved, thac now there is need of Warrc againft thofc that defend 
<■ themfclvcs by Warrc. And as if thofe fhould come into part of the Principality of 

< the publike, and arc Pcercs to the Prince, who can doc fo much as hce. c Even as 
' Ce ? b < 6lu c one King is {aid to be eq lall to another, who can refill another offering wrongs 

c however greater, and more powcrfull ,• although I fay not thefe things ot the SubJ 

jcftuhemlelves, unleflTeit be in rcfpccT: of Forraigne Princes, which will aydc the] 

4 Sub; eft againft their Soveraigne, and who can aydc them no otherwife then in A 

c u. R?in. c controvedie,asI have expounded, of the Common-wealth, f And indcede, if the 

recca.j),ir.p.9. cSubj's&s be ufed more cruelly and un/uftly, this opinion of defending is approved 

&f- i 'J" 8 ff i even of others, who both bring that laudable example of Hercules , the Lord of Ty-L 

iTJt Cio zl I rants anc * M'^nfters. There is alfo the example of Confimtine y who ayded the RoA 

dedjf. ' * ***** againft Afaxentins, as I noted before, g We defend Sonncs againft injuft Fa-jj 

s BiLUb.+.c. c thers. Addc now thofe golden Sayings of h Seneca. That being cut off,what(ocvcr*' 

deiuji. &* c was, whereby he did cleave unto mc, the Society of humane right is cut off. If I 

*sen it d c doe not impure my Coantrcy, but is burdenfome to his owne, and being ban 

Binef? * cnifhed my Countreydoth vcxe his owne, yet fo great naughtineffc of minde had 

c cut him off: although it maketh him not an enemy, yetbatefull unto mce. Am 

thereafonof the duty which I owe unto mankinde, is both more prcciws , and man 

c p9ty?rftt/l with me y then that which I owne to one fingle man* Thus verily ; or d 

c we make all men foreigners to all Princes, if we determine that they can doe a< 

< cording to their pieafure and luft. Now what if the caufe of the Subject be unjuft 
<Theforcfaid Authors deny, that men ought to ayde uniuft Forraigne SubjefL, 
c lcaft any by fo ayding introduce the fame Law into his owne Kingdomc, which thi f 

] Eth.i.*?. Q Corhthians did before. Yea, i %Anftotle thinkes, that neither a wicked Father Ipi 
C*f*T. »• defi to be love J nor afiiftcd with helpe. Bur this is falfe of a Father, as I taught in accj 'jo 



[to 



$s ** r taipe Diiputation, perhaps it is more true, that thofe m \y be defended oi us by w 

c whoareun/uft. For if it be a juft warrc which is to rcpulfe a wrong, althou 

ithey that repuifc an injury, have given occafion to the warre: the fame it fee 

c may be determined in the defence of others, even of Sub/efts, for the fame r 

t ion. Surely there is that iniquity in Warrc, that it will make the fame man to pr 

^nouncc law to himfelfc in his owne caufe, or verily willing to pronounce it. Vpon 

which pretence another Prince may bring ayde on the contrary fide, tha: thing! ; 

! flu. F/Fih. c may more civelly be compofed without warrc. And this is that which k Pyrrhw dici^ 

c when he came to ayde the Tarentines againft the r B^mtnes\ headmonimedtheBMi 

l Ctau. conf, « firft, that they would by their owne endeavour put an end to the Controverfte ; alLii, 

2l f' Ce f'r 7 ' t ^ ou 8 n neither the Romans would not un/uftly hearken unto the King • or becaaHmoil 

Bat Ui.de/er. ^ t ' ne ymight deftrvedly (ufpecl him,as being fent for by enemies,arnud with enemijltliei 

»AU* 7-covJ- € rc ady to fight for enemies, and of kinne to enemies. l Hee that ftands armed wifijoidj 

\C*pb* 7* 1 - a nother, is faid to bring helps and ayde unto him ; neither is there neede to prooVlW 

» ufii6 .^ c any thing agaiaft that at all. Even he that arm:s him(elfe,is belcevcd to thinkeuffe 

r Cl c h C on warre * An ^ m ithcthatisthc friend of an cnemie bee excluded from beingj'm 

^ 5 o, ^ ^witnefte, much more from being a Judge. "For it Is ea(icr, if any be rcceivcflc?^ 

^> L.47.^rc«f°r a witnefte then a lud^c ; ° The friend of my enemy is not prefently mciU, 1',- 

iui\%. C. de € my enemy, as neither my friends friend is my friend ; but there is agrcat fufpitic| r ™;. 

mf.te* c of them both, and of the friend of an enemy the mare. But I returne to ths qal G 
>Lconw.> 103 ftblL p . Wc ^ : b0UI 4b Jth co dcftnd jfrfft upj . aft , g on lcg againft thc cmclt y t|^ , 

Fachl 



IVarrc, both in Point of Law y and tcnjcicnce. 59 



Father, or Servants agamlt the cmclt) (;t a Matter; una wc Uudab»y indeavcur tn-jc by 
fury (here is Warrcy no not wicked men liquid bechaftcned and ptw'fhcd, for Ju- 
ry and uarrc have no mcafure. n Ardhc that led by humanity or pifty , or any 
othcrapproved and juft caufe, hath received another mans Servant, is not bound by r- < T - ^ j # 
thcStatuccof a corrupt Servant, and thatreception is accomptcd in the nature oi ;er . " 

good, &c. r Even he is commanded ,who being angry with his fcrvanrs committed Cor, 
them to be punUhcd by anotl^r,this commendation being added, becauic he himlelfc (0 Phit 7"° 
was angry. Therefore a good Prince will have the Liberty of ragcagainft hisewn ™ tT llhul °- 
Subjects to be taken from him, being angry, as a good Father, as a good Matter, p '' 
and he wdl aiwaies judge, That kingdoo es w re not made for Kings, but Km s for 
Kigdon.es y which is mod true. Thisalfoyf Plato avaiicth, that wc ought to ufc 
El . q.icncc, chicfely to accufcour friends, to whom it is the befi-, thus to be drawn 
from iuture evils. And lb I thinkc that we may defend unjult Forreigne Sub/eels, 
yet to this end oncly, for the keeping offimraodcrate cruelty and too fevcre punifh- 
ment ; r Secingi: is not inhumne to doe good to thofe th u have offended. Yet I dare 
aftir.'iiCjthat this rcifonof bringing hclpcdorhfeldomeitandaione, but that another ^ ^' ,0 * 
of ncccflity and profit may be pretended, or trixly Ihcwn, as is (aid before. Behold 
now 'Sthegrcarelr qucftion : If the Englifhbivejuftlj a\dc Ufa Hollanders became 
their caufe was u»)uft,& the Hollanders were even nowSt-bjefls to t'e Spaniards both 
which notwithstanding are falfc. It was faid, that a Warre was to bee underta- 
ken upon that occafion, that a good Peace might be obtained of the Spaniard, which 
otherwife, as is thought, could not have beene hid : c a,<4nd fo truly Wane u x celfj.\ 
lawfully undertaken^ as u cur men alledge : And the moil: wife reafonof thcPhy- iujh ' 
fichus makcth for it, That if any Feavcr be flow which holds the body, and which l Ctlj ; c, y 
yeelds to no cure, then the Difeafeis to be changed, yea, to bee augmented and h f 
hcightned. For when it doth not receive cure for the p-cfent as it is, it may receive™ 
that cure which is future. But even Warre might have bcene undertaken without 
that evillof an unfaithfull Peace. As there be many bonds cf necrcneffe between 
the Englifb and the Hollander : the ancient friend (hip with the Dukes of Bur- 
gondy, the familiarity of thefe people, and the old Confsnguinity ; all the retl, *C' C -F rc fy 
winch are noted at the end of the former Chapter. And therefore with Cicero (p l x >- 
\ :< They tbinke not that the nocint are not to ie difer.de d, if they be the fiends of a l) C * ,> cL 
good man. Adde one thing of great moment , that the Hcllanders overcome in « w-.-..; 
VVarre, (hould altogether change their condition, and we ice it in the conquered <- / 1 1 
part, being for the mod parr, catfcdownc from their ancient Liberty, and for the B'Kp.CA 
molt part opprciTed with Carrifo^s, arc governed now onely at the pleafurc of P . 
the Prince. But this our Neighbours cannot endure, y Neither is any other for- f 
bidden to favour Libcrtie. But z it much bchovethN.ighbc-ursro have aNciglv 'h Uef.uo}. 
hour. a For if one man hath ncede of another man. what fly* 1 1 we fay that one 



(Neighbour is to another, faith » <jpindams, and b Caifimmim : lit Neighbour 
are od'Ots to mee , and c fomc wife Hebrew, The wo ft of all dife fes ts an tH ...*. ' ; \ 
labour : And another of the fame Nation, Woe to th? wicked, and rooe to Us % ui 
l.bou*. And where nay J Morail Fables be filent ? e A'* eztli t.eighbourhnd is 'ike t p! u . Apcob 4 
a mif ■ or tune . The vicinity f ' grc it A fen ii al^aes to bee fuun^ei of the weaker ;* ! - H.dt 
|f Qocdmsn receive good tbhifj from {00 1 Neig)bous 9 and evill Al ' n, evill things, Cc '* m aa ' 
&<± So * Pirn, and fo Th.mijhcLs • W .en hse fold a piece of ground, bcp^JJ - FlmU 

H 2 * commanded 



6o 



The Larvfulnejfeofthe Parliaments »ece(fary Defenfive 



(0?;* em. 



L.Z [tfe.uii 
Bj/.4. toz/i 



* commanded the Crier to Proclaim^ that it had a good Neighbour: Which h In* 
'terprctcrs note, to the Law* And there bee many rhings of the fame kindc. 

* Wherefore neither if thefc neighbouring Subjc&s would change their condition! 

* neither if by reafon of a fault committed againft their ovvne King, they be compel- 
led to alter it, is another Neighbouring Prince compelled to fufFcr it, to whom nei- 

' l 6om Pt/2. <c ^ cr mother mans will nor offence ought to bring damage* The * Venetian Em- 
1 10 , ' 'batladors when they interceded for Sigifaund of Malt eft a, to Pope Pius the fe- 

c cond, they fpakc even this , that Neighbouring Princes would not have another 
c Neighbour, whom furthermore they knew nor, what he might hereafter be. And you.1 
c may note, that Sigfmond held Towncs from the Church , and for his commit- 
ted offences, he ought worthily to lofethem. Perhaps feme will doubt, whe- 
* 6d diinf' t ^ lcr ^^ t ' 1 ^ n S s ^ Crue m P r ^ vate mCrjS caulcs. k For a private man fecmes toi 
Az'x 1.1 74. * ^ avc P owcr t0 d° c with his owne what he lift , if it bee profitable to bimfelfeJ 
«, and hurt not another. Yet thefe things bee true thus in the caufes of Empire! 

< For Princes ought to take heed for the future, that another if he will, may no 

< yet be able to hurt another, which is expounded in the Treatife of Profitable de* 

* fence. 1 But even that rule , that it is lawful) for any to doc what he lilt with his 
<ownc, holds not otherwifc; then if the condition of a Neighbour bee madenei-1 
'tbcrworfe nor more grievous thereby : although it be true that no man may take 
« care of the gaine, which his Neighbour made, and which was owing to him by 
c no obligation. But even fecurity, and acertaine lingular conjunction of love from 

« Neighbour, is due to Empires: Now this we know, what things are taken aw; 
bAriJl&toU * When Neighbours are changed, m And the fame people is not the fame that the^ 

* were^if the Common- wealth be not the fame that it was. For it is not lawful 
« C I fay againe) to doe ail things with the Subjects ; for that is not lawfull with th< 
« Subjects which would be a hurt,and a danger to thole that are no Subjects. It is net 

<1 l C dn f° '^wfaK to make Fortes in his owne Land, which may be terrible to thofc thai 

« arc not his, asyoufhaliheare in the third Books. Therefore neither is it lawfull 

« to doe with his owne, that which may be a terrour to others, o How ever thefc 

3 Bil.q4 C*ni r * € are ca 'l e ^ cc l u i va ^ nt > t0 doe in his own place, ?nd towards his own Sub feds. Whe 

396, <th«r if my Neighbour (hculd place in his Houfe Games, and other things 3gain 

« my Houfc 3 may 1 neither be carefull for my fclfc, nor fttrre agsinft my Neighbour 

<Thus, thus were Preparations made in HolUndz and that grc2t Noble map, Lei 

tcefier) very wifely fore fa w, th*t the defence of the Hollanders, was very whole- 

« fomeand neceffary for the Common-wealth, and he perfwaded ittcbe undertaken, 

f. £?/V « p lead if thzSpamards tiiould breakthrough that Pale of Europe^ as then very wifc< 

<>\y Inftus Lipfrus* called ittbere fhould remains no ocfhclc at all to their cruelty^ 

« And thus farre of Warre Defenfive, 

Tto,and much more this onr learned ProfefTor of the Civil Law, Albericm Gentl 
^;whofc words I have thus largely tranferibed ; becaufethey not onely abundantly 
juiiifle the lawfulneflc of the Parliaments preicnt Defenfive Warre in point of Law, 
and their Ordinances of Affociation and mutuall Defence, but likewifc fully an- 
fwer all the cavils and pretences of Royaiifts and Malignants againft the progrefle and 
taanagingof this warre, from principles of Nature) Law, Humane Reafon , Equi- 
ty y an i humane irfttthoritie** 



4°9 



IVarre, both in Point of Lav?^ and Confcuncc. 6 1 



^ &^®&& ^N^^f^' '' h<&£& 



^fr^f 'S? *5* 1* *5^ > 



THE LAWFVLNES OF THE 

Parliaments prefent Defeniive Warre 
in Point of Divinity and Confckn.e. 

HpHc lawfulncfie 2nd juflncfle of the Parliaments prefent necctfary Dcfcnfive 
A Warrc, in point of Common, Civill,Ca»on Law ^nd Policy, having been large* 
ly debated in the premifes, becaufe not hitherto difcuiTcd in that kinde by any, to 
my knowledge; I fhail in the next place proceed to juftifie it in point of Bhinity 
and Confcienct ; Whercin,though I (hall be more concife then I intended, becaufe 
fundry Learned * Divines, in many late Printed Tookes, common in ail mens hands CO Mnfter 
lave profefledly handled ir at large, and given good fatisfa&ion unto many unrcfol- ^'^^ e hs 
(ved krupulousConfcicnccs ; yet becaufe this Treatifc may come into diverfe hands, ^d Bwcfa 
which have not perufed their dilcouries ; and thofc w hofc judgements may be conrm- a BiJhop.M ^ 
ccd by the Legally may ftill have forae fcruples of Confcience rcfting in them, &<* Burroughs 
inreguardof the Theologicall Part, and becaufe fome things (perchance,) in Point ^! s Lord of 
of Theology, which others have wholly omitted, may fcafouably be here fupplyei to fe^allA*^ 
CztisRc Confcicnccsyet unrefolved of the jultnetlcof the prefent, and all other ne- f wcfS & %~ 
cctfary Dcfenfivc Warres, I (hall not ovcr-fparingly or curibrily paflc through it, plies to Do- 
without a competent debate; ^ot Feme. 

Now left the Conferences of any fhould bee feduced, enfnared with generalities. T h ? tontft 
^deercmiftakes through the mit-ftatingo* the points in queftion, Kith which de- tvrcl >S R P ' 
vifc, many have beene hitherto deluded by the Opposes, who cumbatc oncly with fon plea*^ 
their owne mifhapen fancies, difchargtog all their Gur (hot againft fuch Tenets as arc fcr Dc/eufiv^ 
nor in queftion, 2nd no waies comming necrc the white in Conttoveriic,! fhal for my A ^es (the J 
DWn orderly proceeding, and the better GttigfacjHon of igr,oranr,fcrupulous,fcduced bcft and a - 
confcieoces,morc punctually ftatc the Qucftion,tben formerly in the Lcgall Part;firft, jj^n ° rt . his 
Negatively, next, Pojitivtlj; and then procccue to its debate. Take notice there- many others' 
fore. 

Firft, that this is no part of the queftion in difute. whether the Parliament, or any i 9 

\Subjecls ytha' foevcr ,m.iy a^luaUj dtfobey, er vUentl] with force if tsfrrnes refifi the 
Kings, or any other laivfutl LM*tgiftrates jstfl commands , warranted either by Gods 
Word, othe&awesofEngUnd . ? it be:ng out of controverfie, readily (ubferibed by 
all of both fides ; that Such commands ought not fo much as to be iVfcbtyed, much /c(fe 
forcibly reft fled bnt cheerejuliy fnbmitud to, and rexdily executed for Co-fctence f.i'ke, 
^?w. 13.1. tot?. iP*r.a. 13,14.7V, 3. 1. ftMr.13.17* I*fb. I*I*> 17,18. -fcfcrt* 

ret. £«7*/;8. -2,3,4,5. the onely thing tbefeobjeded Scriptures provc,which 
c not ncere the thing in queftiory hough our Oppofites molt rely upon them. 
H 3 Secondly, 



6z The Law fdneffe of the Parliaments necejfary Vefenfivt 



Secondly, Neither is this any branch of the difputc: Whether Subjects may lawfully 
rife up, or re? til again fi their Prince, by rvty of Muteni , Fatlion, or Sedition, without 
any juft ■, or law! T tttt publkke ground ; cr for every trifling injury, cr provocation iffcred 
them by their Tritice ? Or uhether private men, for perfoxaM wrongs (ejpectatly where 
t'eir lives, chaftitks , livelihoods a*e not immediatly endangered, by a&xall vio- 
lent , unjufi affaults) may in point of Confcience , UwfuUy refifi, cr rife up againfl 
their Kings, or any other lawful! Magtfirates * Since all difavow fuch tumultuous 
InfurrccYions and Rebellions in fuch cafes: yet this is all which the oft objected hx- 
b 2sriw,i5. amplcs oi h Korah, Dathan, and sAbtram) with other Scriptures of this Nature, 
doc or can evince. 

Thirdly, nor is this any parcell of the Conrrovcrfic. whether Subjects may hy vio- 
lent hands upon the perfons of their Princes, wittingly or willingly to deprive them 
of their Lives or Liberties, ejpeUaHj, for private Injuries 5 or in cold blood when they 
ape not allually rfor perfona'ly affxult thtr lives or c hafiitUs 5 or for any publike mif- 
demeanours, without a precedent fentenc? oj ImprifoKment \ or dtath agaii ifithrm given 
judicially, by the whde States or Kcalmes, where they have fuch Authority t° araignt 
and judge ttim ? Forallunanimoully difdaimc, yea abominate fuch Traitorous pra- 
ftifesand Iefuiticali Poiitions, as execrable and unchriftian : yet this is all which 
the example of Davids not offering vioUnceto King Savl: the I Sam % 24.5.1022. 
cap*i6.z>to 25. 2 Sam.i i*t(? 17. or that pervcrced Text of Pfal. 105. 15. fchc 
belt Artillery in our Advcrlaries Magazines,) trucly prove. 

Fourthly, Neither is this the thing in difference* as mo.t miffakeit, Whether the 
Parliament way lawfully raife an aArmy to joe immediately and dire&ly *gain& the 
very per fan of the King, to apprehend or offer violence to him , much leffe intentio- 
nally to defl-oy him, or to refifi hps owe perfmall attempts againfl th:m, even to the 
c 3ecaacxid hazard of his life I VoTlhcP^riament^ and their Army too, have in fundry c Re- 
Co le^uoaof mwfiran:es, Declarations, Protefiations, and Petitions, renounced any fuch difloy- 
of al Remon. a [[ intention or defigncat all ; for which there is no colour to charge them 5 and were 
iliMncesj&c. hfs Majeftic now alone, or attended cnelywith his Ordinary fiurtly Guard, there 
, ' needed no Army nor Forces to redd his perfonall affaulc*. Yet this is made the 

r?-» R f' principall matter in queftionby Doclqr Ferxe, by An appeale to thy Confcience, and 
Confiiefiee. otoer Ant ^ parliamentary Pamphlets ; who tnkc this the iole Theame of their 
TbeNceifity Difcourfcs : 7 hit Subjecl? may not take tip Armes 3gatn& t|)rir Ilatufull £>ooe* 
tf cbrifaan vatgnc, b'caife he is wicked and unjufi > no, though he be an Idolater and Opfref- 
StkfcBuw, ^ y or ; That, Sup'ofe the King will not discharge his trufl, but us bent, or feduced t> 
wndiatirfrll ' f^ vfrt Bsligion, Lawes, liber lies, yet Suhjetls may not take up Armes y and refifi 
ThcGrani the King, it being unwarrantable, and according to the Apofile, damnable^ Rom,i?. 
RticlliQtiB&c Y&, this is d\ the quellians the C vallcers and Malignanrs demand of their Oppo- 
fitcs in this caafr, what f will you take up Armes ; will you fight againfl, or refifi 
the King? &:. Never dating the qucftion of his Forces, his Army of Papiiis 4 
Malignants, Delinquents, butoncly of the Kinghimfeife abftra&ed from his inva- 
ding, depopulating Forces, againfl: whom,in this fence of theirs, the Parliament ne- 
ver yet raifed any Forces, nor made the leaft refinance hitherto. 

Thefe foure particulars then being not in queftion, I (hall here appealc to the mod 
Malignant Confcience : Whether Do&oriV/^, and all other our Oppolites, pre- ' 
tenders of Confcience, haue not ignoranrly,if not malicioufly,*Hiade iiipwrackcof 

their 



IV&rre, both in Point of Law, and Confcievcc. 



tlu-ir good Conferences (had they ever any ) by a wilrull mutating or the Controvctfic, 
concerning the prcfentDcfcnfivcWarrc, int'nc fourc preceding particulars, which 
they make the oncly ^ueftior.s ; when not (o much as oncofthem comes Within the 
Verge ofthat which is the rcall Controverfie ; ind never once naming that in all, 
or any of their Writings, which is the point indeed? Secondly, Whether there bee 
any one Text or Rcaion in all their Pamphlets, particularly applied to any thing 
which conccrncs the prefcntWarre, but oncly to thefe fourc particulars, which arc 
not in debate? And lffo, (asnoConfciencccangaine-fayit) then there is nought in 
all the waft Papers they have pubhfhcd, which may cither refolvc or fcru: 1c any Con- 
ference, That the P arliamer.ts D efe five At met avd refinance are nnUwfuU in p.. 
of Divinity, or Confidence, which is ileeredby the Scriptures Compare. 

But if tticfc particulars be not in qu eft ion ; you may now demand, what the knot 
and true (tare of the prefent Controverfie, in point of Conscience, is ? In few words, 
take ic thus. 

Wh:ther both tiottfes of Parliament) and the Subjetls by their Authority , for the 
prefer vat ion ef their cwne r Perfons % Priviltdges, Laves, Lives , Liberties, Eftates, Re- 
Jigie" ; the apprehtnfira of Voted c or. t urn atious Traitors, aid Delinquents, thr rejeu- 
%ng bis [educed Majeflie out $( the porter of T> op fh pernicious Counfellours and Forces, 
who endeavour the Kingdom?' fnbverfion, by Withdrawing him from,a:id incenfinr bins, 
aga'wfth-s Parliamsnt, may not lawfully with a good Conference, take up necejfjry de- 
fenfivt'tsfrmes, and make a iuall Warlike re fiflancc againfi his M.iy flics MdignaU 
ill Ceunfellors, and invading c Fcpi(h Forces ( who now Murther, Rob, Spoilc,Sacke, 
Depopulate the Kingdom: ma mofr. Hoftile manner, to fctup Tyranny, Popery, and 
an Arbitnry JawleiTc Government,,) in c«fc they come armed with his per {onall prefer ce % 
or commiffionjo < xecntz thefo their Wicked tllegall defignss ; Efpccially,^r^?« neither the 
parliament nor their forces in this their refi fiance, have the le'fi thought at all.to offer any 
violence, to the Kings own e per forty or to-ofpofe his Legalljufi Soverrigne Authority ? 

Or (hortcr, Wbe<h'rthe £i*gs Captainej ani Souldiert invading the TaffrdnrHt, 
] 4ndSnbietl.s, as afire[a<d,t l e Parliament or *>uHecl< (especially when a'tdonzjsi by 
an Ordinance of both Houfes)may not with a fafe (fonfebne* forcibly reft ft thefe AFulig. 
nants though armed with ths Kings illegall Commijfions, without his per [mall pre fence j 

r -ithh's prefence and Commiffions too ? And for my part* I thinks it mofl ivUenc, 
t^atthey may lawfully refift y repHlfcthem, even by Divine Authority, For the better 
clearing whereof, I fliall pre mifc thefe three undeniable Condufions. 

Firft, That no la wfaU King or Monarch whatloevcr, ("much IciTe the Kings of 
fng'aid, who are no abfohttc Princes ) have any the lcalt Authority from the Lawes 
ofGodorman, perfonaily by thcmlclves , or inftruments, to doc any injuric or 
iniufticc to their Subiecls • how much lefle then by open Fores to Murther, Rob, 
P under, RaviuS,Ruine, or Spoilcthem of their 1 awes, Liberties, Elates, Religion, 
all which is plentifully proved by Law Authorities, in the prcmifes; and punctu- 
ally confirmed by thefe enfuing Texts. £^^.44 15, 1 6, 17, 0^.45. 8, 9. Pfalm, 

105. 14 15. Ifay 14. 15, to 2$. 2 Sam. 23. 3. Jfay 1. 13. Cap. 3. 12. 14. 15. 

iVw. 28.15. 16. £*>* h t 12.6.7.27. Zeph.2,.2,. Mich. 3.1. to 11. I Sam* 

F2.3.45, lKing.cap.li.&22> Zeph,2.$. Jfy 9.7. c?p> i<5. 5. cap. 32. 1 . :♦ 
w^.49.23. iChron.9.8. Ien2i.^.to^2. Obad. 2, 10, toil. Ro^.i^ 3.4.5. 
6. 1 Pet. 2. i3» 16. and infinite Scriptuce&morc* 

Secondly* 









fo 



$ ± The Latvfufaejfe oftht Parliaments neceffary Defenfive 

2* Secondly, That all Subie&s^tnd pcriors whatfoever, are obliged both in point of 

Law and Conlcienceto diiabey,rcfift,atid not cxecute,the uniuft illegal- Commiflions, 
Mnvi3tes of their Kings, and other Magiftrates. This is evident by the Midlives 
refufail to mm her the Hebrew Male-chi'drenat King i'haroahs command, for which 
God bleffed them y and built them houfes , Exod i, 15. tolO, By Balaams deniall 
to curfe or defie the Ifraelites, at King B lids intreaty. Numb, il* & l^.fr 24. By 
the refufail of Sauls Guard and Footmen to fliy or fall on the Priefts a N#£, by King 
Sauls perfenall command, though prtfent, and not oncly their King but Af after too : 1 
Sam, 22,17.18. By Jonathans deny all to kill, or con fen: to the death of David upon \ 
Sauls mar: due, though not oncly his Soveraigne, but Father, although he might have j 
gained the Crownc by it, and mdangered his owne Me by refufing it, 1 Sam. 20 . 27. I 
to 42. By Sd#// Armour-bear es forbearance to runnehim thorow with his Sword, i 
when he fled before the ph'Uiftimes, though he as his King and Mafier enioyned him \ 
to doe it ; left the uncircumci fed Jhouli come and thmft him through and ahufe him. 1 
Sam, 3 1 . 4. By CMcrdechai bis den>all to bend the knee to Haman, the great F avou- 
nte, though t ke King had fo commanded. E fiber 3.1.x. 3.4.5. By Shadrach, Me 
fhach.Abednego, and D anit Is rcfufall^r^ eat of the Kings portion of meat and wine af- 
fined thtm> leaft they fhwld be defiled, Dm, 1. 5 . to 1 2, By their peremptory reft-V 
iution, not To fall downe and worjhip King Nebuchadnezzars golden Image, thought 
t&ice firitlly commanded by the King to doe it, and threatned to be e aft into the fiery 
Furnace (as they were) for rtfitfingit, Dan.^.q to 30. By £*»#£; difobeying the 
Kings and Lords idolatrous Decree, nit to offer a Petition to any (fed or man for 30. 
dstyes, faze of King Darius, under paine of being c^ft into the Lyons Denne t Dan.6, 5 
to 24. By the Pharifes and chief e Priefis Officers negleft to apprehend our Saviour f< 
bis Preaching, though en joyned foto doc by their Mafiers, Iohnj, 32. totfi. B 
the ApofUes refufail to give over "Preaching, and perfeverance in Preaching, notwith 
ftanding the High Priefts and Couttcels expreffe Inhibitions and doubled Commands 
fecondedwith ^Apprehtnfions , Imp'ifonments, Scourgings ; and their direct refoluti 
a s M Grrttian ons in this very cafe, d That we ought to obey God rather then mtn y %y4Us 4. 12 
Cwf.ii-z.i'to 22 cap. 5. 17* to the end. By Peters Preaching to, and eonverfing with the Vncir 
cumcifed Gentiles, notwithftanding the Chriflian Iewes dtflikc, Alls 1 1 . 1 Jo ip % wit 
(e)See Fox infinite Prefidents of this nature in EcclefiafticaU Hiftories ; the very fuffcrings of a 
Aas & M °" h the « Martyrs depending on this ground alone : which is backed by Matth % 1 o. 2 
BookofM«-3 a *3 3* z * f - i*'4.8.'4j.p.23.a 4 .j5.a& Ezech.2. 3. to 9. Rev, 13.3.1 
tyre,witho- the end. Rem. 12 1.2. ?oha-if5>2.$. iTbetf* 2 14. 15. * 6. Exod. 32.2. Jojbz 
thers. ij. />/*/«;. 44. 15, to 23. 

2 Thirdly, That as al! Kings illcgall un juft commands arc void in Law, and wi 

no waies extenuate the guilt, or juftifie the a&ionsof thofeinftruments who e 
rp^io.i 1; cute them in point of Law, as I have tfo'm.r/y cleared ; fo are they likewifc me 
tfc* ' nullities, and inefficient to excufe the executioners of them in point of Confciencd 

as is evident by, Pfal, 52.5 where God threatens to deftroy Doeg the €dcmite 9 firl 
ever 9 to take him away, plncke him out of his dwelling place \ and root him cut of the 
land of the Living, for executing King Sauls bloodyeommand upon the Priefis at Nab, 
I Sam. 22. By Gods exemplary punilhment upon thofe Souldserswbo ly King Nc- 
buchzdnczzzrsjpeciall command, I our d the three Children and cafi them into the fry Fur*[\ ' 
nace ; whs mrefttine b) the flames of the Fvrnae, though thefe three Martyrs had m 

harm 



Wane j both in Point of Law, and Conference. 1 5 



farm: in the F*rn tee it felfe y Dan t 3. 20. to 28. 13 y Gods confining tbetwoCaptur 
ind their fifties with fire from bi*V** % nhocame 1 Welti) t§ fpp'd.eniih 'Prophet tit- 
^bbj King \\rS\i\\b* (ommffio* y and ufittt cammA-id, 2 K ing. 1 . 9 to \6. By the 
Preceptor lohn 54////?gtventoSouldicrsthcmlclvciJZ^ 3.14. Do: violence to 
noman: (neither by the Kings, not Gcnerails Command) neither teemft ay filfil/. 
By 1 Tim. 5.22. Lty bd»djficbun f j 0* no rr:ai,( no more in a violent, Military, then 
in Ecclciiatticallicnlc) nd.fjer be partakers of other m-ns finnes 1 Compared wirh the 
next forccitcd Scriptures; with Rom. 1.32. 4/4*6.15. 1 4. T/al. $0. 18. 21. 
\Prov. i.iOtto \6. Oaa(.ver\ lO.to \6 I/kjtl.lj. with Ifay \6.Tb:Uad< 
HP this people caufe tb m toe re y anithofcth t are lei of them are deflro; ed.Wbattlcrc- 
rorcf Saint John writes in another cale, 1 lo'n 10. II. If "t> ere come any nnto j h 
(bene an Archbilhop, Bifhop, Archdeadon , Feme himfclfc, or any Court Chap- 
ainc whatfoever,) *nd bring not this D olivine ; recei e him not intojw houf-, neither 
'idhimGed fpted; fir hethat biddxhbim God fpeed, 3|0 partaker of 1)10 CtltUDcCOS: 
[ fhall apply to this particular of executing Kings unjult Commands againrt their 
people j the) are pir takers of their Kin^s irickedneffe i if thy do bat intertair.e their \*n* 
14ft Con.mijfions into their Hwfes, or b'dthem God fpeed ; much more it they execute 
hem either voluntarily, or againft their wills,outot an unworthy fcarc, or bafc re- 
pcfts. 

Thciethrec Conclufions being irrefragable, My firft Argument to juftific rtfiftancc j% u ,< t u.t \ 
"rom them (hall be this. That violence againil the Subjects perfonSjConfcicnccSjFa^ 
lilies, Eftatcs, Properties, Priviledgcs, or Religion, which neither the King him- 
"clfc in proper pcrfon, nor any his Officers, nor Souldiers by command from him, 
javc any Autoritic by the Lawcs of God or man, in Law or Confcicnce to inflict : 
nd which in Confcience ought not to be obeyed, but rejected as a meerc nullity, even 
)ythe inftrumentsenpyned for to execute it; may juftly with a fafc Confcicnce be 
cfifted by the Parliament and Subjects 5 there being not one fy liable in Gods Word 
o contradict it. But the violence now offered by the Kings Forces to the Parliament 
md Subjects every where, is fuch. Therefore it may j aftly with a fafc Confcience be 
efiftcd;cfpccially in the Kings Commanders and Souldiers, who are neither the King 
limfelf , nor the Higher Powers ordained by God ; and no other then plain Thcevcs 
ind Murthcrcrs in Law and Confcience, if they plunderjkilljfpoile * their Commifli- 
>ns being but Nullities in both ; and they in this particular meerc private men, with- 
)ut any Authority to iuftifie their actions, as I have already proved. 

Secondly, That refinance which is warranted by direct Precedents recorded, ap- - 

>roved in Scripture even by God himfelf,muft qucftionleiTe be lawfull in cafe of cons- 
cience : Bat the red lance even of Kings, their higheft Magiftrates,orficcrs)in the ex- 
ecution of their unjuftComnands is thus warrantcd,Therfore,doubtlcs,it muft be law- 
iillin point of Confcience.The Minor (only q icftionablc) is thus confirmed. FirO,by 
he notable eximple of the Prophet Elijah % 2 Kings 1 . 1 . to 1 6. who fending backe f Ant'm.iui. 
^n%Aba^iabh\s Mcffcngers (Tent by him to enquire of Batl-vbub the God rf^p 1 ^- 
"<£«», whether beepooald recover of ^u difeafe ) with an harfh Mcflagc to the cummivam 
ing, contrary to his Command, which they difobcyed 5 thereupon this King, in vimr/fet, ut 
in angry fume, kilt two Captainet with 50. menapeece, one after another, to appre- mfpontefua 
xndthe Prophet for this affront^ ( as S Iofephw, with other Interpreters accord y )f ac J ar > vicQ " 

hocomming with their forces to him, ft id • Thou minofGo^ the King hath /aid, '^V&T 

I come 



$$ The Lawfulneffe ef the Parliaments neceffarj Befenfive 



corns dowr.e quickly. To whom he fucceiiivcly anlwered : If I be a man of God,then 
let fire corns downs from Heaven, andconfume thee and thy fifty ; Ani there came fire 
from hea ven thereupon, and confumed two C-f tames and their fifties : but the third C-p* 
taine and his fifty \ who humhledthemfelv's to the Pro h:t, axd begged the fpanng of their* 
lives, were ipared 5 the Angel of the Lord Bidding the Prophet to gotdowne with them I 
tv the King y andnot b; afraii. From which Text ids infallible, even by a divine Mi-^ 1 
rack from heaven, doubled by God himfelfc ; That it is lawful! for Sub/e&sinfome I 
cafes, to refill: the unjuft violence of the SouUiers and Captaines or their Kings.! 
though armed with their Rcgall Commands, Secondly, by the Hiftory of the Pro- ] 
phet EUfha, 2 Kings 6. 31, 3 2, 33* Who when King loram (his Soveraignc) had 
fworne unjuftly ^in his fury ; God doe fo tome and more alfo, tf the hedi of Elifht 
Jhallfiand on him this day ; and thereupon fent a Meffengtr before him to Elifba his 
houfe to take away his head $ the Prophet was fofarre from fubmitting to this Instru- 
ment of his ; that he Commanded the Elders fitting then with him in the hotfc, to look* 
when the UWeJfenger came, aid fhut the doore> W^alDt)imfaft attfce 2>Q02e, though* 
the found if his Maflers feet (the King) were behind him ; whom he ftiles, the fonne 
tf a Murderer. Might thefc two erninenteft Prophets thus openly refift the Captaines, 
Souldiers, and unjuft Executioners of their Princes, with a good Confciencc • and 
may not others lawfully doe the like? No doubt they may. Thirdly, f If I bes 
not much miftaken ) this kind of refinance is warranted even by Chrift himfelfe, 
and his Apoftlcs : For a little before his Apprehention,Chrift uttered this fpecch un- 
to his Dilcipies, Luke 22.36, 37, 3 8. But $oto, he that hath no Sword, let him fell 
his garment and bay one, &c. — sAnd they f aid, Lord,bshold, here are two Swords. And 
hejatdunto them, it is enough. Why would Chrift have his Difciplcs buy Swords, 
no w.| unleffeit were for his and their owne better Defence, being the time when he 
» M>nib\i6. w * st0 °c apprehended. h Socne after ths Judas and his Baad of men fent from the- 
mtT.ii.lti::* High Priefls, with Sword; and Staves came to ftize upon Chrifl. Which when they 
s* d John 1 8. who were abont him faw what would follow : They faid unto him ; Lo'd, Jhall we fmitc 
with the Sword? His commanding them to buy Swords now > was fufticient grounc 
for this queftion, and intimation enough, that they might now ufc them : whereupon 
Chrift giving no negative anfwer ; One of thtm which wire with Iefm (and J oh* direct- 
ly faith it was Peter) fmote a fcrvant of the High Prieft ( whofe name was Malchw) 
• and cut orThis right eare, Herenpon fefus anfwer ed and faid , Suffer yee SDtjUS jfarre I. 

€u* V *° S° i Lt *ke$ Mark: relates no anfwer at all reprehending this facT : k John records his 
k ftfy t g, 4Q 4 ipeechto Peter thus. Then, faid Iefus unto Peter* Put up thy Sword into thejheath. The- I 

m Cup which my Father hath given me, fball I not dnn}^ f To which Matt hew addes, 

J Math, 16,52 l ihiy.kinjithou that I cawot pray tomy Father, and he fij all pre fently give me more then 
**\j- twelve Legion; of Aegels? But how then fioall the Scriptures bee fulfilled, that thus it, 

cjp.4.27, ii' m "fi ^ e - ? So that the reafon why Chrift bade Peter thus to put up his fword; was not 
Lv^ 14,11* becaufe be thought defence of himfelfe ? and P*r«xfmiting now altogether unlawfull 
46 17? initfelfe; but onely inconfiftent with Gods prefent providence, which it fiiould 
■ft? %♦ feeme to croffc, Chrift was now by «* Qods etemak decree, and the Scriptures pre* 
ditlion, f which muft be neceffarily fulfilled) to fuffer death upon the Crojfefor oury 
iniquities ,\ ftiouldP*wthen, with the other Difciplcs have totally refitted his ap- 1 
pretention at this tinfle, end proceeded full to fmite with the Sword as they began,'! '6 
^11 they hadrefcued our Saviour, fee couldnot then have, fuffisred, nor the Scriptures J 'q 



/ \ \tm\ both in Point of Law , and Confcicncc, 6j 



be fulfilled : had it not beencrur this ipctiall reaion (rcnclrcd by Chrift hif&fclfc,to 
clcarcall fcruplcs agair.lt the LawfulnefJc of fclfoddencc in (uch caics, ) Vcur might 
dill have u fed his iwoTd torelcuchisMafter frGm tl.cfc Catcl.j oles viclcr.ee ; and if 
he and his fcllowcs had becne too wcakc to withftand them, Chrift was lo farre from 
imagining that hee might not have lawfully defended himfcl/cj that hce inforrr.es 
them, te could (and would no doubt) haze prefer, tly commanded vrkole Legicni of An- 
gels from hetvtn, by bit Fat crs approbation, torefcue him from unjuft violence. And 
his Speech to Pi/ate> after his taking, phinely, iuftifics thelawfulnciTcof fucha for- 
cible defence with Armcs to prefervc a mans life from unjuft execution : John 18 ; 6" 
If my King- om: if ere of this vorld, 2Ll)Cn l03OUlD m^ Jfecrtanf ffgljt (in my Defence 
and ilefcue) trjat 3 fl)0Ul& $0t be ceUfccrcfc tofrjcjciucs; bntnori my kingdom u >ct 
>from hence. Ail which conlidercd, clearcly juftifles, the LawfulnefTe of refitting the 
Kings, or higher Powers Officers, in cafes of apparant unjuft open violence craf- 
laulcs; and with all anfwers one grand argument againft refiftance from our Saviours 
prefent Example ; namely, * fbrifthimfelfe made no refinance when hee was unjufily * See Dr»&, 
\apptekended\ Ergo, Chrtflians his Follorvers (Ergo, no Kings, no Magiftratcs too, FcrmsveM- 
as wcllas Chrift the King of Kings, and Lord of 'lords, for they arc Chriftians as vingofCoa- 
WCll as fub/ccls ;) ought not to make any forcible refiftance of open violence : Which ar- £* "*'( ^ Q n 
gument is a mccre inconfequent; becaufc the rcafon why Chrift refifted not thefc Pur- th p y Confd- 
icvanlB, and High Prices Orhccrs, wasonely, that his Fathers decree , and the Scrip- cnce^with 0- 
tures foretelling his Pajfion might be fulfilled, as himfclfe refolvcs ; not becaufe hce thers who 
deemed refiftance Vnlawfull, which he cvea then approved, though hce pra&ifed it™ Bch J eI y° n 
not, as thefe Texts doc fully proovc. fiSi 

Fourthly, The lawfulness of a defenfive Warre, againftthe invading Forces of / 
a Soveraignc, is warranted by the example of the City Abel; which Rood out and 
defended it felfcagainft/^,'Z) < <^WjGencrall, ?,ndhis Forces, when they befieged 
and battered it ; till they had made their peace, with the head of Sheba who fled into 
it for (hclter, 2 Sam. 20.14 to 1$, And by that of Efter,Ch t 8. 8. to 17. chap; p. 
1. to 17. pertinent to this purpofe. Where Haman having gotten the Kings De- 
cree, to be fent unto al! Provinces for the utter extirpation of the rvhole Nation of the 
Ierves t the King after Hamans Execution (through Gods great mercy, and Morde* 
caiesznd Qucene Efters diligence) to prevent this bloody mafl'acrc by their Enemies, 
granted to the Iewes in every City, by Letters under his Scale, c To gather them- 
'felves together, and to ftand for their lives, to deftroy, to flay, and tocauietopcriih 
€ all the power of the people and Province Sijat toulD default tljcir, both litle ones 
( and women, and to take the fpoile of them for a prey ; and that the Iewes fhould 
1 be ready againft the day, to aver>ge tiemfcives of their enemies. Her cup n when 
c the day, that the Kings Commandment and Decree (for their <x:irpatifn)dic\v nee re 
f to be put in execution, in the day that the enemies of the Iewes hoped to have 
* power overthem ; the Iewcs gathered thcmklves together in their Gities,tfcrough- 
c out all the Provinces of King "Abafuerus. to lay hand on mc h as fought their hurt; 
f< M 'and no man could withftand them, for the feat e of them fell upon all people: And 
^' c all the Rulers ofthe Provinces, and the Lieutenants, Deputies, and Officers of the 
I « King helped the Tcwes.becaufc the feare of Mordeem fell upon them: So the Iewes 
c fmote all their enemies with the ftroakcofthe Sword, and (laughter, and dellrucli- 
c on, and did what they w r oulduntOLho(ctbathaccdthem. In the Palace, they fl:w 

I 2 < eight 



- — .1 II II » I -— — — — — ^-T— — 1— ■ ■— ~- — — » — *— »^ ' ' ' ' ' ' * — " " ' I .. 

65 The Lawfulnejfe of the Parliaments necejjary Befenfive 

'eight hundred men, and Hamans tenne fcnoc$, on (cvcrall dayes. And the other 
c Iewes that were in the Provinces, gathered themfclvcs together, and ^foxiD fo> 
1 t\)t\X HtbeS, and had reft from their enemies, and flew of their foes (eventy and 
'five thoufand, but they laid not their hands on the prey. LoehereaDefenfive war, 
justified, and granted law full, by the Kings ownc Letters to the Ic we*, againft their 
enemies, who by former Charters from him, had Commifllon wholly to extirpate 
them. Neither had this licence of the Kir gin point of Confcience, been law full,had 
their defence and rcfiftancc of the Kings former Commifllon been wholly aniawfull. 
And the rcafon of the Kings grant to them, to refill and flay their Enemies, that 
would aflault them;was not (imply ,becaufe their refiftance without it,and (landing foe 
their lives* had becne unlaw full, byreafon of the Kings firft un/ufl Decree, which 
they, ought not in Confcience to fubmit to, without repugnancy ; Eutonely to enable 
the lewes, then Captives, and fcattcred abroad one from another in every Province, 
with more convenience, fecuritie, boldnefle, and courage now to joync their forces 
together j to rcfift their malicious potent enemies ; to daunt them the more thereby; 
Nature it felfc, yea , and all La wes in fuch a bloody National! Butchery as this, without 
any juft caufe at alI,both taught and enabled every one of the Icyjcs % toft«*dfer his Hfe % 
his Nations,ilelig!Ons,prefervation,evcnto thclaft drop of blood.Therefore the Let- 
ters of the King.did not (imply enable them to rcfift their enemies,whkh they night 
have done without them ; but givctbem Authority to deftro) y and Jlxy the wives and 
little children of their Ewmes , and to take the Jf ode cf them for a, frtj ; which they 
refufedtodoe,becaufethey deemed it un/uft, notwithstanding the Kings permitfion 
and eonceflL n, which as tothefc particulars, was illegail, and more then hec could 
juttly grant. This gcnerall National! refiftance of Gods own people then of their, 
aflaulting cruel! Enefnies,evenamongStrangcrs,inthelandof their Captivity under 
a forraigne Enemy , with the former and other following precedents, will queftion- 
leiTe more then con jccTurally prove, if not iriailiblyreiolvejThelawfulncfle of a ne- 
cei&ry Defenfivc YVarre,andoppofitionby free Subiedf, againft their King? aftailing. 
Forces which fcekes their mine, though armed with their Kings Commifllon, and 
that without any Ordinance of Parliament authorifing them to rc(i(t,much more then, 
when enabled to oppofc them by Ordinances of boh Hou fes, as the I ewes were to 
refift and day their enemies by this Kings Letters and Authority* 
3 3 Thirdly , That kind of refiftance which hath no one Text, nor E <ampl: in Scripture 

\ to impeach it^ la ivfulne(fc, but many Tcx^s and precedents to countenance it, muft 
doubticfte be lawful! in point of Confcience. But the refi r tp-g of Kin^s invading pil- 
laging jdeftruc^ive Forces/ who have nothing to pkad,to juftj fie all their Viliames but 
avoid llkgallW2rrant)hath no one Text nor example in Scripture to impeach its law- 
fulnefte, for oi^ght I can findc ; (and if there be any fuch, I wifli the Oppofitcs would 
obje&it, fartym.. 13. as I (hall (hew hereafter, doth no waics contradict, but ap- 
prove it : ) But it hath many Texts and precedents to countenance it, as the prc- 

^ mifes and 1c quell atteft s Therefore it mult d^ubtlelTe bec lawful! in point of Von- 

»*ee L'uc.O-fo" Cn Ce. ; 

jiffidet. En- Fourthly, it is eonfeffied by all men, (yea thofe who arc moft intoxicated with an 
ch-ridco'it? o Anabaptiilicsllfpirit, condemning ail kind of warre, refufing to carry Armes to 
V j? '•£' dcfcnd themfclvcs ag3inft any Enemies, Thee^es ? or Pirates) that it is lawful! not 
£^j#L ' P^dypafllxcly. to rcfift thiir Kings unhwfuU.CommaDjs 3 and invading Forces, but 



w 

Warrc y both in Point of Law y And Conference. 69 



ikewifeby flight, hiding, or other pollicics, to evade and prevent their violence; 
which is warranted not oncly by r Mofcs, <i DovmU, and r EU;abs y their fcvcralj 1 rvod.2.1 ?. 
flights from the violence ot' the Egyptians, S*k\ and I(Ktbel t who (ought their liveSj 
jutlikewifcby ( 1 feph.Mar^auu £ brtji himfe/fe, who fled into £f)/' /* e'eape the ' li>am, S to 
^and< and butcher yo] King Herod-, by Chriltsown direction rohi> Difciples Matth. r,jfl nc , 

10. 2j. But when the j perfcttfe j ox in this City ,fl'c jee into another ; and that Prcdi- 'Mat.x. if. 
flioncf his UMatth* 2 ;. 34, Beioli, I fc r >d ufio yon Prophets , r*^ pi/J wrw, rt«^ 14 ^S- 
Scribes, and , im; o 4 them ye JhaU kiil and crmcifie, and Jom' oj them aK Jen jconrqe m 

your Synagogues ^andperjecutc t'jem from City to C*t)\ which w*S really fulfilled Afts 
8.3. 4. c.o. 1 2. ci 1. 10. ci 5 50, 5 1. ci 4. 1. to 24. c. 17. j. to 1 6. c. 22 42. c. 26. 

11. ia,cp. 24,25,26.2 Or. 11.32. 33./CV1/. 12.6. Or which rcadc more in 7V- 
?*/#4« his bjoke De Fug* in fer/ecutime, H-ncc then I argue thus. That unjulf, 

iolcnccof Princes and their Armies, which Suwfecls wich a fare confciencc may de- 
cline and flee from, when as they want power, meancs,or convenience to rc(i(t 
t,thcy may no doubt lawfully rcfift even with force of Armes, when they have fjf- 
cientmcancs and conveniences to refift, and cannot flee or fnbtnit thereto, without 
the pub'icke ruine: finccrhe fame julicc and equity, which enables them by fl'ght or 
ftratagem to decline un;uft aliaults of a fuperior power, or its judgements, c'oth like- 
wife enable them to efcape and prevent it with refinance, whan they cannot doc it by 
ightor other policic: If then they may lawfully with a fafeconfcic nee hide, flee, or 
fc lawfull policies, to prevent the open injuft violence of ti.cir kings and their C 
ccrs, when no: guilty of any capitall crime defcrving cmfurcsj becaufe by the very 
light of nature, and Law of Charity they arc obliged roprcfervcthcmfclvcsfromun- 
jufl: tyrannic] and are no wayes bound to fub):c*r themtclv.s to the cruelty, the unju^ 
aflfaults,or oppreiTions ofothers:thenby trcfelfcfamc reafon,they may Uwfully with 
force of Armes defend themfelves againft f uch violent un;uft attempts which they are 
no way obliged tofubrnit unto, when as they cannot conveniently fecute then felves 
and the pnblicke, but by fuch refinance, and fhould both betray their owne, the pub- 
lickcfafery,and Religion (as the Subjects and Parliament fhould now do) in cafe they 
didnotrefi I by force of Armes totheutmofr of their power:and become 1 ivcrfetlan 
Jnfilth, -who have even thus oft provided for their owneand th: Republickes fe- ' l l '" : ^* 8 '-' 
CUririe. 

Tifdy, God bimfelfe, the fount nine oj tjttftice, the ll God of * Order, the 1 prefer ver 
of human ■ feciety who detefts of a I tyranny crHe'ty.opfrefion.injufiice, cut of his ■ phi- , y . v „ 
tanth'rpie (which brought the S jnneof hn bof jme from heaven to earth) would re- E&y 4V.1 »V 
ver ccuainely in point of policy or conscience prohibit that, which is the oncly pro- x 1 Cor. i«« 
bablemeanes and apparent remedy, to prevent, fuppreflc difordcr, tyranny, cruelty, *3 <°- 
oppr:(Tion, injudice, yeaconfufion in the world; and to p'efcrve good order and hu- ] ^ 7 : £- 
mane feci: ty : a truth fo apparent, that no rationall man can con trad id it. Therefore]^ ',,V 
queftionefle he never prohibited forcible neceflary rcfiflancc of the higheft powers and » j^hn 5. >6. 
their inftruments in cafes of opcnunjufl violence, and hoftile invafton made upon l J )hn 4 9. 
their people to ruins them, or iubvert their cftablifhcd government, Laws, Liberties, 
Iu^ice,Religion 2 There being no other probable-ordinary meanes left to any King-> 
dome, Nation, People,to prefcrvc their government, lives, Lawe? 3 Liberties, Reli- 
gion, and to prevent, fuppreflc, or tcdrclfe tyrannic, cruelty, diforder, confufnn, yoa 
attsr ruinc> when thnnXiogs and -Governors degenerate into Tyrants, imadtiag 

then- 



7* 



The Uwftilnejft of thePAriuments nectjfary Defer; five 



them with open force, but onely defcnilve Armes : prayers and tearcs alone, without 
military oppofition by force of Armes, bckg no more able to defend a perfon, City cc 
Kingdoms againfl Opprefling Princes and their Armies,thcn againft thcevcs.Pyrates 
i Lir 2 .«2. or common enemies; whom they mud and ought to refutes well with Ar^esisOn- 




wcaletobe fubverted, Religion extirpated; Lawes trampled under feetc, their 
own polities tobc er.flavcd/uined without any oppofition^cven in a moment. For 
were it utterly unlavvfull,and no leile thanTreafon or Rebcilion,in point of consci- 
ence for any fubjecls to take up Dcfenfive Armes to refift the Kings army, or forces, 
confining for the moft part of Papifts, Delinquents, deboift Athcfticall pcrfons of bro- 
ken fortunes, feared confeiences animoft irreligious lives, I appcale to every mans 
confcience,bowfoonethefe unrelated Inftrumcnts of cruelty would utterly extir- 
pate our proteftant Religion, and common faith,for which we are enjoyred earneftly 
to contend and drive i?*U 3. Phil. 1. 27. 2S. And (hall wc then yeeld it up and 
betray it to our adverfaries without ftrife or refinance? how fodainely would they 
ruin our Parliament, Lawes, Liberties; fubvert all civill order, government; ereft 
an arbitrary Lawicflc tyrannicali Regency regulated by no lawes but will and luft? 
how foone would they murther ; imprifon, execute ourNobleft Lords, Knights, Bu r - 
gefleSjbeft Minifters,and Commonweaiths-men for their fidelity to God,thcir King 
and Country ? how many Noblefamilies would tbey diGnheute ? how many wives, 
widdowe?, Virgins would they force and ravifh; what Cities, what Countries, 
would they not totally pillage, plunder, fack, ruine, confume with fire and fword ? 
how bone would our whole Kingdome become an Aeheldama, a wilderncfle, a de- 
viation, and the furviving mhab^ if not devils incarnate? 
Yea how fpeedy might any private Officers,Captaines,Comriiandcrs,by colour of il- 
legall Com uiffions and commands from the King, or of their Orhces, and all the 
notorious rogues and thecves of England, under colour of being lifted in the Kings 
Army, if the people might not in point of Law or Con fcience refill them with Armes 
whocame armed for to a fl their viLlanies,maliciou{ly rob, fpoyle, plunder, murther 
all the Kings leigc people, withoutany remedy or prevention, and by this pretext, 
that they are the Kings Souldiers,fodainely feife and gaine all the armes, treafure,forts, 
ammunition, power oftheRealme, into their poffcflions in a moment; and having 
thus ftrcngthxed themfelves, and flaine the Kings faitbfull fubjefts, ufurpe the crown 
it iclfe if they be ambitious, as many private Captaincs and Commanders have anci- 
ently flaine divers Roman and Grecian Emperours, yea fundry Sfanifi y GotkiJb and 
Mooripj Kings in Spain by fuchpractifesandafpired to their Crowns, ( of which there 
arc fundry fuch like presidents in moft other Realmessjto pre ve.ir,rcd res, which feve- 
rail deflruclive mifchiefes to People, Kingdome, Kings themfelves* God himfwlfc 
hath left us no other cercainc,proper, fufficient remedy but a forcible rcfiffance, which 
all Kingdomes, Nations throughout the world, haue conftantly f.fedinfuch cafes, as 
I (hall manifeft more largely in the Appendix. Therefore certainciy it mud needs fc:e 
lawful), ^eingGods and Natures fpcciali Ordinance to fecurc innocent perfons, Cu 
tics, Nations, Kingdomes, LaWes, Liberties, Lives, Eftatcs,Religion, and mankinde 
it feife, againft the hurtfull Lulls of unnaturail Tyrants, and their acourfed inftru- 

ments, 



JVarre, both in Point of Law, and Conscience. 7 o 

ment^againltambitious^reachercus^malc-ccntcntcd Spirits,malicicufly bent againft 
the publicke weale, and peace. There arc two things ondy which uluaily reltraine 
irieriour perfons from murthering, robbing, diffcifing, injuring one another; the one 
is,fcarcof punimmcntbythcMagiftratCithc orher, fearc and danger of being refi- 
ned, repulfed with frame and lofleof Jimbc or life by thofe they violently aiTault, 
injure; and were this once bclecved, received for Law or Divinity in the world, that 
it were unlawful to rcfiu\repulfe a thee fe,murthcrcr,riotor,or ditTcifor cemming in the 
Kings name, long enjoy his life, geeds, liberty, tends, butiomc or other would 
deprive him of them notwiManding ail reft Hints of La wes,' of penalties, and main- 
tainc iuites againft him with his owne cftatc violently feifed on ; the right of 
lawfull defence, being every mans beft: fecurity, to prefers his lifebelt ate, in peace 
againft the violence of ancther,whence the wifdom of the Common la w, makes every 
mans boufe his Caftle f in the nece(Tary defence wherof,and of his per Ion, goods from 
the violence, rape of others, it gives him libertic to bcatc, repulfe, yea kill injuri- 
ous affailants : which right of defence if once denyed, would open a wide gap to all 
wickcdn.lTe,injunice,difordcrs whatfoever,sndfpeedily bring in abfolute confu- 
fion, fiibverlbn of all property, Law, Order. As for Emperors, Kings, great 
Orliccrs,and other ungodly inftruments, armed with Princes un/ult commifllons, 
who dcemc thernfelves above the reach of humane Lawcs, cenfures, and accountable 
for their unjuft actions to none but God himfeife, there is no ether knownc barrc or 
obftacle to hinder or reftraine their armed violence, Tyrannic, oppre (lions, but oneJy 
thefcareof the oppreffed aflaultcd fubjects armed refinance; which if once denyed 
to be lawfull, all Royalties would loonc be transformed into profefted Tyrannies, all 
Kings & Magistrates intoTyrants,ail Liberty into fiavcry, property into communitie,. 
and every one would thereby be cxpofed as a voluntary prey to the arbitrary cruelty 
covctoufneffe, avarice,luits,ofthegreaCcft men. Therefore doubtlcflc this armed re- 
finance cannot but be lawfull, neccflary, ;uft, in point of Law and Confidence, to 
efchew thefe generall mifchicfes. 

Sixtly, all will readily grant it lawfull in cafe of Conference, for fub/ecTs to re fid 2 
forraignecnemie which invades them with force of Armes, though animatcefby the 
King himfeife to fuchinvafion; andwhyfo,bu: becaufe they are their enemies, who 
would wrongfully deprive them of their native inheritance, Libertics 3 eftates, and 
worke them barmc; upon which ground, we read in the 2 Kings 3.21. That when the 
Moabites heard that the Kings oflfael, JuJah and Edomcame np to fight a^ainfl them 
rrith a great isfrmy^they gathered a'l tint were able to put on armour, ani upwardf 

IWithftand th?m, and flood it the border ; and when ever the Widianites 9 Phili;heSySy~ 
nans, Babylonians, •^Egyptian r 3 Cananites or other enemies came to allault the f/rae* 
litesy they prcfemly aflVmblcd together in Armes to encounter and repulfe them, as 
the Hiftories of J ojhtta, Judges, Samite I ',thc Kings, Chronicles, and Nekt* l.h abun- 
dantly evidence, almoft in every Chapter. If then Subjects may with a good Con- 
science refift forragin enemies on this ground alone; then likewifc domeftick foes and 
their Kings own Forces, when they become open enemies, to rob, kill, plundcr,de- 
ftrcy them asinhuroanely, as injurioufly a,s the word Forraigne foes, there being the 
felfcfa me ground for the lawfulneffcof refiftanccof the one as the other, and if the 
ballance encline to one fide more than other, an intcftine cnemic being more unnatu- 
Mll 9 , unjuft, hurtfull, dangerous, and tranfgreffing more Lawcs of the Rcalme 

(which 



70 



TheLdwfalneJfeofthe Parliaments necejfarj Defenfivf. 



( which oblicgc not ftrangersj than a Forraigncr, and a Civiil warrc being far worfe, 
and more dcftrudivc than a Forraignc; the refinance of an homebred enemy, mult 
be the more juft and lawfull of the two, even in point of Confcicnce. 

Seventhly, The vrry Law of God both alloweth and commands all men, to rcfift 
their fpirituall enemies, with fpirituall Armes : Jam 4.7. Refift the Devill and he w{H 
fleefi-omyou, othcrwifchc wouideafily fubdueaml deitroy us. ipet 5.8.9. Be fobsr 
and vigilant y becaufeyour adverfarie the devill as a rearing Lyon waizeih about feeking 
whom be may devoure : whomrefifl ftedfaft inthefai h, Mfhef, 5. 10. to I p. finally my 
brethren beftrong in ths Lord,, and in ths powsr of his might : Put on the whole Armour 
of God,that ye maj be able to flandagainft the wi'es of the devill. For we wreflle (or 
warre) not a^ainft flrfh aid blood, but againfl Principa'ities, againfl powers, againfl the 
Rulers of the dark«ne$e of this world y agaln^ Spiritual I wickednejfe for wicked fpirits^ 
inhighpUces. Wherefore take unto you the whole Armour of Cjod, that ye rmy be able 
to withfland in the evil I day, and having done all, to /land : Stand therefore having 
your loyn e s girdti about with truth, &c. Above all taking the fheitd tf faith 9 wherewith 
ye /hall be abb to quenc'o all tfa fiery darts of the wicked; And tak* the helmet of Saiv.i~ 
tion,andthe fword of the (pirit, which is the Word of God: Prajing alwajes with all 
prtyer and fupp'icat ion. Hence Chriflians arc termed, Sculdiers of lefm Chrifi, and 
Ch 'iftiamty a warfare \ a^awft the world, the flejh,a>id Prince of the world, the Devill \ 
2 Tim. 2. 3,4. 2C:>r,io.3. iTim. 1.18. lam. 4 1. 1 Pet. 2. 11. Rom. 7.23. 
2 Cor. 10.4. 1 Cor. p. 7, 1 fay 41.2. %?v. 12. 7. 17. In which warfare, wemuft 
fight andrefifleven unto blood ftriving againfl fmm, Hcb. I 2. 4. Vfing not onely pray- 
ers and tearcs, but other fpirituall weapon? of warre, mighty through Goi 9 able to cajt 
d^wne every high thing that exa 'teih itfetfe, to brhg into Captivitie every thought to the 
obediwet of Chrift, and to revenge all difobedien.e, 2 Cor. 10. 4. 5. 6. If then we may 
c Iohn 1 4. and miift manfully refill:, and fight againft our Spirituall enemies, though Principalities. 
jo.c.h.ji, p owcrs ^ Rulers, wicked fpirics in high Places, and the c Prince of this world himfclf; 
Ctl ■ 1I * the Devill, when they aff.ult and feckc to devoure our foulcs : then by the felfefamc 
reafon, wc hwfully with a fafe confcicnce may, yea ought to refift,repulfc our corpo- 
rall enemies when they malicioufly,un^ully,f orcibly affault us,again(lall rules of Law, 
of Confcienc:, torn archer, enflavc, deftroy our bodies, Soules,Relfgion, the Rcpub- 
iicke, whichmu r lbedearefttous, though they be Principalities, Powers, Rulers, 
wicked Spirits in high Places, yea Princes of this world; with all their under Officers 
and Inftruments of cruelty, not onely with prayers and teares, but corporall Arrr.cs 
gnd force, becauf: they unnaturally, tyrannically,icckc the deftru&ion of our bodies, 
c[tates 1 Lib:rcies,RepjbIi:ke, Religion, there being no inhibition in Scripture, not to 
rcfil the one or other, but infinite Tests authoriflng men, not onely to refift, but warre 
againfl, y**fl*y their malicicns open enemies , untill they be fub *ued or defiroyed^ Exod. 
13, 22. 1y.Levr.26. 7. 8. Num. 24. 8.Diut.20. throughout. Iofli.c 8. toe. 13. 
2 Sam. 22. 38. to 42. 1 Chron. 17. 8. 10. Efth. p. 5. Neither doe the Texts of Mar. 
5 35>. Luk. 6, 19. ButIfayunt3you,thttyer"feftnotcviU,butwhofoevcrfi!llfmttc 
Ca'f^ku* *hee on th* right cbeekjytume to him the other a!fe, and bin thattaketh away thy clo*k$, 
1# ' forbid not to take thy c >atealfo; prohibit all acluall refinance of publick violence offered 

'Sum Theolo*. by enemies to our pctfons, goods, or lawfull defenfive warr*s; which precept (as is 
pan.jtfu.47. clcarc by the context, and rcfolvel by d A#gufti*e, Gratia*, *Alenfis y and f others,) 
E^fic.9' Cxtencls °^y t0 fomc P rivate injuries and revenges, and to the inward patient 
'DeCto&ji.* preparation 






IVarrc, hathtn Tointef Law^ andCovfac-nce. 71 



preparation of the mind toiutTcr \\\ o injuries, ratter tic malicioufly to reverse a Gi gle 
unc,cf.>cciaily in caf.s where wc wart ability to refill; nottoan aftuall bearing or all 
groffc outward injuries to oar pcrlons or eftatcs, without reCfttnce; which precipe 
Wnggivcn generally to ail Chrrfhians; to Kings and Magillratcs ?s well as Subjects, 
if if bcltrijtly org ed * prohibits Kings ar.d Magillratcs to refifttbe violence and inju- 
ries ofthc people, as n,uch as the people, not to repute the Armed violence and op- 
prefiionsof their Princes and Govcrnours : and that Text of L \mn 5. 6. Tchxie ccn- 
d-mned and filled the jufi. and hi dithftit ref.fi 1M, ( which fomc thinkc is meant of 
Chrift alone,) proves oncly,tha: lame jiift men, and many Martyrs have becne con- 
demned and killed without refiilance, asour Saviour was; not thaticis uniawfuilto 
rcfift an open enemy, thecfeormurtherer, who comes to kill, rob, or plunder us a- 
gainft Law and Confciencc. I read of f Saint A> -^rrw, that when the people ran together tq r(lX ' imCau r 
tit multitudes torrfcue him out of the bands cf a wicked man, ar.d defend htm from the in- t$.q U 1. Us 
ju r ) of death, he teaching them both byword and example, exported th(m t not to hinder I'LunJcsvite 
his m*rtjrdome\ yet the people lawfully refcued innccent Jonathan, fern that unjust hs fancies 
deAth which his Father King Saul twice vowed he fhould undtrgoe : Some mens pati- g^j^J 470 
enc fufjering death and injuries without refinance, is no better an argument, that all ^.ji/t© 4 !^ 
therefore muftfo fuif:r without oppofition, then that all men ought to yccld their 
purfes up to high- way thecves, or their pcrfons, goods, fhips,to Turkes and Pyrarcs, 
without right or refinance, becaufc fomc, yea many have mamcfuilyf dene it for want 
of courage when they were able to refill, and fo have defcrvedly loft their purfes, 
{hippes, goods, liberties, and become Turkifli Gaily- (laves, to the ruinc of their 
cftatcs, bodies, foules, which miferies by a manfull juft defence, they might have 
eafiiy prevented. All which confidcred; I fee no ground in Scripture, nor rcafon,but 
that tcmporall enemies of all kindes which wrongfully invade our perfons or eftates 
by open force of Armesin a warlike manner, maybe refilled with tcmporall wea- 
pons, as well as fpit ituall enemies with fpirituall Armes. 

Eighthly, That which all Nations in all ages by the very light of nature have com- g # 
flantly pra&ifcd, as juft and iawfuil, mull dcubtleflc h be lawfull in point of confei- h R om Zil ^ 
ence, if there be no Law of God to the contrary. But fclfe-defcncc againft invading 1 u 

Tyrants and their inftruments hath by the very light of Nature bcene cchftantly 
pra&ifcd, by all Nations in all ages, as juft and law full, which the premifes, the Ap- 
pendix, the Hiftorics of all ages evidence; there being never any one Nation or King- 
dome for ought I flndc, that ever yet reputed it athing unlawfull in point of Con- 
fciencc-, to reuTtthc op;n malicious dcftrucTivc tyranny, violence, hcftility of their un- 
naturall Princes, or that defifted from any fuch re fiitancc, giving therufrlvcs up wil- 
lingly to their outragiouslufts and butcheries, without any opposition (though fomc 
private men and Manyrcs have fometimes done ir,upon particular rea(cns,as to svoid 
the fcandall of Religion; to bcarc witnefle to the truth.for the confirmation and con- 
verfjonof others; or for want of power oropcrtunity torc/lft; or to avoyd a genc- 
rallmaffacre of their fellow Chriftians, or becaufc they were onely a few private 
men; and their religi on dire&ly oppeiltetothe Lawes and government under which DtiFen/a r ?. 
they lived, or the like, not becaufc they judged all refiftance (imply unlawfull, as fclv.n^ot 
'b'inde Doctors falfely informe us, which I fhall prove hereafter; ; and there is no ^"^ c,i ' c 5 
Law of God at all to prohibitc (uch refiftance 2 therefore doubtlcfTc it muft bclaw- to'^hyCcn 
full, even in point of confciencc. fticiMc. ° J 

K Ninthly, 



jz The Lawfulm ffi of the Parliaments necejfarj Defenfive 

Ci i ■ i ... ■ , ■ , , 

9. Ninthly, that which is dircflly oppofice to whatisabfolutcly illegall, and un juft in 

point of confcience, and the chiefe law full obftacle and remedy ,to prevent or rcdreflc 
it, muft certaincly be juft, be lawfull in the court of Confcicncc, fincc that which is 
directly oppofite to that which is fimply ill, and unjuQ:,trmft neceffariiy be good and 
)uft. But neccflary juft defence by force of Armes, is directly oppofitc to that open 
Armed violence, and tyranny w^ich is abfolutely illegall and un juft in point of Con- 
fcicncc, and the chicfe lawfull remedy and obftacle to prevent or rcdreflc it: as reafon, 
experience and the premifes evidence, Therefore it muft neceffariiy be juft and law- 
full, even in the Court of Confcicncc. 
I j^ TenthIy,That refiftancc which doth neither oppofe the Kings royal perfon,nor law- 
full Authority; muft certaincly be lawfull in point of confciencc : Butthc rcfiftance cf 
the Kings Forces not accompanied with his perfon, in the cxreution of his un/uft 
commands; is neither a rcfiftance of his Royail perfon, (for that is abfent, and his Ca- 
vallicrs I hope are no Kings, nor yet invefted with the priviledges of Kings- not 
yet of his lawfull Authority;) his illegall Commiffions and Commands, being mccrc 
nullities in Law, transfer! ing no particle of his juft Authority to thole who execute 
them. Therefore it muft certaincly be lawfull in point of confcicricc. 
c~j Eleventhly, That rcfiftance which is the onely remedy to keepe not onely Kings 

- ? thcmfclves, but every one of their Officers and Souldicrs from being abfolutc Ty- 
rants, Monarchs; and the dcnyall whereof, equal'zcth every fculdicr, and particular 
Officer to Kings,yea God himfelfc ( whofe prerogative only it is to have an * abfolutc 
unrefiftable wil;)muft doubtlefle be lawful in the Court of Confcience. But this necck 
f Rom} 9. f ar y defenfive refiftancc now ufed by the Parliament and Subjects, is fuch: For if they 
?*>.*?!l may not refift any of the Kings Officers or Souldiers in their piunderings, rapines, 
ficrings, fackings of Towncs, beating, wounding, murtheringthe Kings lcige peo- 
ple and the like; will not every common Souldier and Officer be an abfolutc Tyrant, 
cquall in Monarchie to the great Turkc himfclf 5 and faramouni the King,who hath dd 
abfolute irrefiftabic Soveraigncty in tbefe particulars ? Either therefore this refiftancc 
muft be granted,not onely as lawfull, but (imply neceffary, elfe every office rand coro- 
rmn Souldier wi 1 be more than an abfolutc King and Monarch, every fubjed worfc 
than a Turkifh flave, and expofed to as many uncontrolable Soveraigncs, as there arc 
Souldicrs in the Kings Army, be their conditions never fo vile, theirqu^Iitie never fo 
mean,andthcgreateftPecresonthe Parliaments party, muft be irrcfiftably fubjeel 
to thefc new abfolutc Soveraignes luftsand wills. 
\%. Twelfthly, if ail thefe will not yet fatisfle Confcience in the LawfulnefTe, the 
juftncfTe of the Parliaments and peoples prefent forcible rcfiftance of the Kings 
Captaincsand Forces, though Armed withanillegall Commiffion (which makes no- 
thing at all in the cafc,becaufc voyd in Lawjthcre is this one Argument yet remaining 
which will fatisfle the moft fcrupulous.malignanr, oppofite Confcience : That neccf- 
»Sk Doflor fary forcible rcfifcance which is Authorifcd , and Commanded by the Suprcameft la w- 
Vlk\fth ^ P° wcr aJlc * higheftSoveraigne Authority in the Rcaime, muft infallibly be juft 
rtnfdencts anc * lawfull, even in point of Confcicnce,by the exprcfle Refolution of Ityn. t $. an,U 
The Grand our oppofitcs owne confeffion; trho have k no cthtr Argument to prove the Offenfiv'e 
Rebe:iio*;Tbi wre on the Kings part LawffiU, but becaufeit is co^m^ded;and the Tar foments and 
H £ C 'iv ty ^ SubjeUs Defenfive esfrmes Vn'.Hvoftid, but hcaufe prohibited by the King\ ychom they 
subfecli**, f*f <l J *$ r i»U to be the higheft Swsraigne power in the Kt"gdwe } ifavc th Parliament 
aad other* , *nd 









I Vane, both in Point of Law , and Cwfcicncc. 73 



undrvloole Rcalme collclhvtly cotfidtreil. Dut this rdiitancc of rhc Kings Popifhn.a- 
lignant, invading l ; orcci»; is Authorizid and Commanded by the CXprcfie Votcsand 
Ordinances of both Honfes of Parliament, which 1 have already unacmably manifc- 
ftcd, tobcthcSuprcamcfc Lawful r\)wer,and Sovcrcigncit Authority in the Rcalme> 
Paramount the King himftlfc, who isbut the Parliaments and Kmgdomcs Publicke 
Royall Savant for their good : therefore this Refinance n^ii'c infallibly be jufc and 
Lawful!, even m Point of Confcience. 

Thus much for the Lawfulncfle in Court of Confcience of refitting the Kings un- 
/ufUy ailaulting Forces,armcd with his Commiflion t I now proccedc to the juft- 
ncfic of oppofing them by way 01 forcible reiittancc when accompanied with his per- 
ianal I pre fence* 

That the Kings Army of Papifts and Malignant*, invading the Parliaments or 
Sub/c&s pcrions, goods, Lawes, Liberties, Religion, may even in Confcience bee 
julUy rented with forcc,though accompanied with his pcrfon,fccmcs mod apparently 
clcarc to me,not only by the preccedmg Reafons,but alio by many exprcvTc Authorities 
recorded, and approved in Scripture, not commonly taken notice of : as, 

Fidr, By the ancicnteft precedent of a defenfive warre that wcread of in the world,. 
Gen. 14, 1. to 24. where the five Kings of Scdom, (fomorrah^ Admah } Ztboiim>vod 
Zoar, rebelling againft Chedorlaomer King of Nations, after they had fcrved him 
twelve yeeres, defended thcmfclves by armes and battle againft his aflaults, and th« 
Kings joyncd with him; who difcomfiting thefe fiv